Commonwealth v. Irick

On the morning of a jury-of-six trial, defense *130counsel moved to dismiss a disorderly conduct complaint,1 alleging that there had been no prior “show-cause” hearing as required by G. L. c. 218, § 35A.2 The motion was denied, and the defendant subsequently was tried and convicted of disorderly conduct. He now appeals, alleging both that the judge erred in denying his motion to suppress and that his trial counsel provided ineffective representation. We affirm.

On the basis of the trial evidence, the jury could have found as follows: about 11:40 p.m., Karen Deming, a twenty-four year old woman,…