Commonwealth v. Delong

On April 12, 1999, a jury trial began on two indictments that had been amended to charge the defendant with the unarmed robbery of two different Star Market stores in Newton on January 14, 1998.1 On April 16, 1999, the jury found the defendant guilty of both robberies.

Represented by new counsel, the defendant filed a motion for a new trial alleging, among other things, ineffectiveness of trial counsel. He requested an evidentiary hearing. He later filed an amended motion for a new trial, claiming that newly discovered evidence consisting of a surveillance tape and still photographs was…