MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
The defendant, Alfred J. Lashua, was convicted by a jury of witness intimidation and assault and battery on a family or household member. He appeals from the conviction of witness intimidation, arguing in his brief, submitted pursuant to Commonwealth v. Moffett, 383 Mass. 201 (1981), that the evidence was insufficient.
The defendant makes no separate argument with respect to his conviction of assault and battery on a family or household member.
During his assault of the victim, after she told him that she was going to call the police, he grabbed the telephone from her and threw it against a wall, whereupon it broke. This evidence was, in fact, sufficient to prove all of the elements of witness intimidation beyond a reasonable doubt under the familiar Latimore standard. See Commonwealth v. Latimore, 378 Mass. 671, 676–677 (1979) ; Commonwealth v. Belle Isle, 44 Mass.App.Ct. 226, 230 (1998) (sufficient evidence where defendant severed telephone cord after witness stated she was going to telephone police). See also the Commonwealth's brief at pages three through five and the arguments set forth therein.