Commonwealth v. Burgos

At a “showup” that took place approximately forty-five minutes after a street mugging, the victim identified the defendant, Lenny Burgos, as the man who stole jewelry and other personal belongings from her at knife-point. Burgos was convicted by a jury of armed robbery.

1. Out-of-court statement tending to exculpate the accused. Carmen Alicea, an acquaintance of the defendant, offered to testify that, at about the time of the robbery, a man she knew as Jerry boasted that he had just robbed a white woman. Of course, this was hearsay, but the statement was proffered as admissible because against…