Commonwealth v. Phong Thu Ly

Phong Thu Ly was convicted of two counts of armed assault with intent to rob and two counts of armed assault with intent to murder arising out of an attempted robbery of Chef Chang’s restaurant in Brookline. The defendant appeals from these convictions on three grounds.

First, he asserts that testimony at trial that rubber dishwashing gloves had been found on his person was irrelevant, unfairly prejudicial, and should have been excluded. No witness testified that Phong Thu Ly had been seen wearing the gloves; therefore, he argues, there was no foundation for the introduction of testimony…