Commonwealth v. Frisino

On appeal from his conviction of breaking and entering, the defendant claims that his trial counsel was ineffective. Our examination of the record shows that the performance of the defendant’s trial counsel fell “measurably below that which might be expected from an ordinary fallible lawyer.” Commonwealth v. Saferian, 366 Mass. 89, 96 (1974).

The further question for us, however, is whether, notwithstanding the actual performance of the defendant’s counsel at trial, the defendant has made “some showing that better work might have accomplished something material for the defense.” Commonwealth…