Commonwealth v. Hurley

The defendant, Peter Hurley, appeals his convictions of operating under the influence (OUI), fifth offense, in violation of G. L. c. 90, § 24(1) ; resisting arrest, in violation of G. L. c. 268, § 32B ; and threats to commit a crime, in violation of G. L. c. 275, § 2. On appeal, the defendant contends that (1) he was prejudiced by not having access to potential exculpatory video recording (video) evidence, and (2) his jury waiver was ineffective as to the subsequent offense trial. We affirm the defendant's underlying convictions but vacate the subsequent offense conviction.

Background. The…