Commonwealth v. Martinez

After a jury-waived trial, a District Court judge found the defendant, Juan A. Martinez, guilty of distribution of heroin, G. L. c. 94C, § 32(a), and of distribution of heroin in a school zone, G. L. c. 94C, § 32J. The defendant appeals, arguing that (1) the motion judge improperly denied his motion to suppress a photographic identification of him based on a single photograph; (2) the in-court identification of the defendant by the police was invalid because it lacked a source independent of the prior identification; and (3) the prosecutor’s misstatements of fact during her closing argument…