Commonwealth v. DeMaria

Of three points that the defense has argued on appeal, we concentrate primarily on whether the setting for a voice identification by the complaining witness was so sugges*115live as to deprive the defendant of a fair trial. We decide that the voice identification procedure, although not without flaw, adhered sufficiently to the standards prescribed in Commonwealth v. Marini, 375 Mass. 510, 517 (1978), and was not impermissibly suggestive. We also consider two other points raised by the defendant, one relating to the denial of a continuance and the second to appellate inspection of mental health…