Commonwealth v. Brien

The defendant, James Brien, was arraigned in

District Court on two counts of home improvement contractor violations under G. L. c. 142A. The trial judge, sitting jury-waived, found the defendant guilty on both counts. The defendant appeals, claiming error in the denial of his motions to exclude certain evidence and for a required finding of not guilty.

Background. The defendant, the sole officer of a corporation called American Sunroom, was charged with collecting deposit *310payments from two customers and failing to provide them with completed sunrooms. The underlying facts are not in dispute.…