Commonwealth v. Nee

A jury found the defendant guilty of affray, a common-law crime of ancient vintage not previously examined in our appellate jurisprudence.1 On appeal from his conviction,2 the defendant argues (1) the proof was insufficient, (2) the jury instruction was erroneous, (3) the prosecutor’s closing argument was improper, (4) defense counsel rendered constitutionally ineffective assistance, and (5) the crime of affray is unconstitutional as applied to him. We affirm.

Background. Viewed in the light most favorable to the Commonwealth, see Commonwealth v. Latimore, 378 Mass. 671, 676-677 (1979), the…