Commonwealth v. Arzola

Gants, CJ.

The defendant was convicted by a Superior Court jury of assault and battery by means of a dangerous weapon and assault and battery. The defendant appealed, and we transferred the case here on our own motion. On appeal, the defendant contends that the motion judge erred in denying a motion to suppress the victim’s out-of-court eyewitness identification of the defendant, where the victim had told the police that the assailant wore a gray shirt and the defendant was the only person shown wearing a gray shirt in the photographic array. The defendant also argues that deoxyribonucleic…