Commonwealth v. Francois

Following a jury trial, the defendant, Levins Francois, was convicted of assault and battery by means of a dangerous weapon (bleach), in violation of G. L. c. 265, § 15A(b ). On appeal, the defendant contends that (1) there was insufficient evidence to support the conviction; (2) the defendant was prejudiced by inadmissible hearsay testimony for which no curative instruction was given; (3) the judge erred in not giving an eyewitness identification instruction; and (4) his counsel was ineffective for not requesting a curative or eyewitness jury instruction. We affirm.

Discussion. 1. Sufficiency…