Commonwealth v. Navarro

After a jury trial in Superior Court, the defendant was convicted on ten counts each of armed robbery while masked,

G. L. c. 265, § 17; home invasion, G. L. c. 265, § 18C; and kidnapping, G. L. c. 265, § 26. On appeal, he argues that (1) the judge erred in not — sua sponte, and without a defense request — giving the five factors concerning eyewitness identifications set forth in Commonwealth v. Rodriguez, 378 Mass. 296 (1979) (Rodriguez); (2) his trial attorney’s failure to request such a full Rodriguez instruction constituted ineffective assistance; (3) the Commonwealth failed to produce a…