Commonwealth v. Burns

A Superior Court jury convicted Mario Burns and Ricardo Middleton of assault and battery by means of a dangerous weapon, G. L. c. 265, § 15A(¿>), and Bums additionally of possession of a firearm and possession of ammunition, G. L. c. 269, §§ 10(a) and (h), as in effect prior to St. 1996, c. 20.2 Both defendants appeal. The Commonwealth moves to dismiss Bums’s appeal for failure to file timely the notice of appeal required by the Rules of Appellate Procedure. We allow the Commonwealth’s motion. Middleton contends that the judge erroneously: (1) denied his motion to suppress evidence seized…