Commonwealth v. Hidalgo

Following trial in the Superior Court on an indictment charging trafficking in heroin, a jury convicted the defendant of the lesser included offense of possession with intent to distribute, in violation of G. L. c. 94C, § 32.2 On appeal, the defendant argues that the Commonwealth's proof was insufficient to support the conviction. For the reasons that follow, we affirm the conviction.

1. Evidence. We recite the evidence in the light most favorable to the Commonwealth. Commonwealth v. Latimore, 378 Mass. 671, 676-677 (1979) (Latimore ). Commonwealth v. Pratt, 407 Mass. 647, 649 (1990).

a.…