Commonwealth v. Elias

The Commonwealth appeals from a judgment of a single justice of this court denying its petition pursuant to G. L. c. 211, § 3. We affirm.

Background. The defendant was indicted for possession with intent to distribute heroin, in violation of G. L. c. 94C, § 32 (a), and for possession with intent to distribute heroin, subsequent offense, in violation of G. L. c. 94C, § 32 (b). The charges resulted from the execution of a search warrant at the defendant’s home on April 14, 2010, where police officers found 108 glassine bags containing a tan powder. Field testing indicated that the powder was…