Commonwealth v. Cook

In support of his appeal, Cook relies on Haberek v. Commonwealth, 421 Mass. 1005 (1995), a case in which, without explanation, the court entertained an appeal following the denial of a gatekeeper petition. There, as here, the defendant was represented by the same counsel at trial and on appeal and argued that he could not, therefore, have previously raised his ineffective assistance claim. Id. We decline to follow the Haberek case. The single justice in this case considered Cook’s claims “[concerning the issues underlying *1024[the] claims of ineffective assistance of . . . counsel,” and…