Opinion
May 16, 1978.
The case was submitted on briefs.
J. Russell Hodgdon for the defendant.
John J. Droney, District Attorney, James W. Sahakian, Assistant District Attorney, for the Commonwealth.
The sole ground of the motion for a new trial was one which concededly could have been assigned as error and argued when the defendant appealed from the convictions which were affirmed in Commonwealth v. Dunn, 3 Mass. App. Ct. 708, further appellate review denied, 367 Mass. 912 (1975). Accordingly, the trial judge did not abuse his discretion in simply denying the motion without a hearing and without ruling on the question sought to be raised by the motion. Commonwealth v. McLaughlin, 364 Mass. 211, 229-231 (1973). Commonwealth v. Cresta, ante 855 (1978). If we were required to consider the question, we would conclude that it is devoid of merit.
Exceptions overruled.