Commonwealth v. Cruz

After a jury trial in the Superior Court, the defendant was convicted of armed robbery while masked, assault and battery, and assault by means of a dangerous weapon. He appealed from these convictions, arguing that (1) the judge abused her discretion by admitting in evidence five photographs of the defendant selected by the victim at an out-of-court identification procedure and (2) the judge erred in failing to give the defendant’s requested jury instruction that there is no correlation between a witness’s confidence in his or her identification and the accuracy of that identification. We…