Commonwealth v. Phelan

The defendant, John P. Phelan, appeals from his conviction following a jury trial in the Superior Court of operating a motor vehicle while under the influence of intoxicating liquor, G. L. c. 90, § 24 (1) (a ) (1).2 Concluding that the evidence was sufficient and that there was no substantial risk of a miscarriage of justice arising from the admission of evidence or from the closing argument, we affirm.3

1. Sufficiency of the evidence. When reviewing the denial of a motion for a required finding of not guilty, "we consider the evidence introduced at trial in the light most favorable to the…