Commonwealth v. Pucillo

A jury convicted the defendant of murder in the first degree as a joint venturer under theories of deliberate premeditation and extreme atrocity or cruelty. On appeal, the defendant claims that the judge erred in (1) denying his motion to suppress incriminating statements he made to police; (2) denying his motion for a required finding of not guilty; and *109(3) instructing the jury on joint venture. He also requests that we exercise our plenary power under G. L. c. 278, § 33E, to order a new trial or to reduce the murder conviction to a lesser degree of guilt. For the reasons set forth below, we…