State v. DiStefano

OPINION

This case comes before the Supreme Court pursuant to a motion filed by the defendants seeking to appeal a Superior Court judgment of conviction. Codefend-ant David DiStefano was found guilty of assault with a dangerous weapon, and co-defendant Michael DiStefano was found guilty of assault and malicious damage to property. The defendants claim that the trial justice committed error (1) by not following the proper procedure for waiving a jury trial, (2) by overlooking and misconceiving material evidence, and (3) by allowing the prosecution to cross-examine David DiStefano with respect to…