Commonwealth v. Gelpi

A jury found the defendant guilty of armed robbery of “cash, a cross and chain”; assault and battery by means of a dangerous weapon (handgun); and larceny. The larceny conviction was placed on file. The Appeals Court, in an unpublished memorandum and order under its Rule 1:28, reversed the armed robbery conviction and affirmed the conviction of assault and battery by means of a dangerous weapon. 34 Mass. App. Ct. 1125 (1993). We granted the Commonwealth’s application for further appellate review. The sole issue is whether the defendant was denied effective assistance of counsel by failure of…