Commonwealth v. Resto

In this consolidated appeal, the defendant appeals from his convictions2 and the denial of his motion for new trial. He raises several arguments on appeal: (1) his motion to dismiss the indictments should have been allowed because of the Commonwealth's destruction of a cross that was an important piece of evidence; (2) he was prejudiced by the Commonwealth's late disclosure of a second statement by the victim; (3) the judge erred in permitting the Commonwealth to introduce "bad act" evidence about the defendant's gang and drug activity; (4) the jury were misinformed about the nature of the…