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COMMONWEALTH v. RIVERA

No. 11-P-1674.

83 Mass. App. Ct. 581 (2013)

COMMONWEALTH v. JOHNNY RIVERA.

Appeals Court of Massachusetts, Middlesex.

May 7, 2013.

Attorney(s) appearing for the Case

Amy M. Belger for the defendant.

John T. Mulcahy, Assistant District Attorney, for the Commonwealth.

Present: TRAINOR, KATZMANN, & SIKORA, JJ.

SIKORA, J.

A Superior Court jury convicted the defendant on one indictment charging rape, G. L. c. 265, § 22(b).1 The main issue of this appeal is the admissibility of first complaint testimony in circumstances in which the alleged victim had complained initially about the defendant's physical abuse but then waited one week to complain about sexual abuse. The defendant contests also the trial judge's admission of purported...

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