Commonwealth v. Rivera

Following a jury-waived trial, the defendant, Agapito Rivera, who had been charged with possession of a class B controlled substance with intent to distribute, was convicted of the lesser included offense of possession of a class B controlled substance (cocaine). He appeals from that conviction and the denial of his motion for new trial.

Background. Before trial, the defendant moved to suppress certain evidence. The motion was denied. During trial, on the basis of certain trial testimony that the defendant argued was in conflict with the evidence presented at the suppression hearing, the…