Commonwealth v. Perryman

Convicted, after a jury trial, of distribution of

crack cocaine, a Class B drug (G. L. c. 94C, § 32A) within 1,000 feet of a school zone (G. L. c. 94C, § 32J), the defendant asserts that several errors tainted his trial. Only two of his claims warrant extended discussion: (1) the trial judge abused her discretion in allowing the jury to look through the telescope used by the police officer whose surveillance led to the defendant’s arrest, under what the defendant characterizes as *188“misleadingly favorable conditions”; and (2). the trial judge erred in giving, sua sponte, a “missing witness”…