Commonwealth v. Gomes

RESCRIPT

**1025In 2015, we affirmed Jeremy D. Gomes's convictions of mayhem and breaking and entering a vehicle in the nighttime with intent to commit a felony. Commonwealth v. Gomes, 470 Mass. 352, 378, 22 N.E.3d 897 (2015). At trial, "[t]he defendant requested that the judge provide a jury instruction regarding eyewitness identification that essentially mirrored a model instruction that had become effective in New Jersey approximately one week before the defendant's trial commenced." Id. at 357 & n.10, 22 N.E.3d 897, citing State v. Henderson, 208 N.J. 208, 219, 228-229, 27 A.3d 872 (2011).…