Commonwealth v. McCoy

The defendant was convicted by a jury of kidnapping, rape, and assault and battery.1 In a memorandum and order pursuant to its rule 1:28, the Appeals Court reversed the defendant’s convictions on all charges, holding that the testimony of the victim’s mother and the sexual assault nurse examiner (SANE) constituted improper first complaint testimony that created a substantial risk of a miscarriage of justice. Commonwealth v. McCoy, 73 Mass. App. Ct. 1127 (2009). We granted the Commonwealth’s application for further appellate review.

The defendant contends that his convictions should be reversed…