Commonwealth v. Cosenza

After a jury trial, the defendant was convicted of assault and battery upon a family or household member, in violation of G. L. c. 265, § 13M, and of strangulation or suffocation, in violation of G. L. c. 265, § 15D. On appeal, the defendant claims that there was insufficient evidence to support his strangulation conviction, his assault and battery conviction was duplicative of this strangulation conviction, and the judge erred in her jury instructions. We affirm.

1. Strangulation. When analyzing whether the record evidence is sufficient to support a conviction, an appellate court is not…