Commonwealth v. Crapps

I agree with the majority that “[w]e cannot vacate [the judgment] upon the basis of statistical arguments never submitted to [the trial judge] or to us.” Nevertheless, as explained infra, I have concerns about whether the Commonwealth’s use of statistical methods here was proper. I *450join in affirming the judgment only because the defendant failed to preserve the issue.1

The Commonwealth offered testimony that the weight of the “crack” cocaine exceeded the relevant statutory threshold for the crime charged, and that testimony was admitted without objection. Accordingly, there is no merit to the…