Commonwealth v. Hosmer

Minutes into direct examination of the Commonwealth’s first witness, the prosecutor moved to amend the complaint to reflect that the offense charged, driving under the influence of alcohol — second offense, had occurred on September 21, 1998, rather than September 22, 1998. Defense counsel objected, and a judge of the Chicopee District Court, who was hearing the case jury-waived, denied the motion. The prosecutor, following argument to persuade the judge to reconsider, was told by the judge, “Your motion has been denied. You have a right to appeal.” At that, the prosecutor remonstrated, “I…