JOSE HERNANDEZ vs. COMMONWEALTH.

JOSE HERNANDEZ vs. COMMONWEALTH.

423 Mass. 1012

August 16, 1996

The case was submitted on the papers filed, accompanied by a memorandum of law.

Jose Hernandez, pro se.

S. Jane Haggerty, Assistant District Attorney, for the Commonwealth.

Jose Hernandez (defendant) unsuccessfully sought a stay of proceedings

Page 1013

in the Appeals Court pending a decision on his motion under Mass. R. Crim. P. 30 (b), 378 Mass. 900 (1979), for a new trial. A single justice of this court denied his request for relief under G. L. c. 211, s. 3 (1994 ed.), and he then sought review in the full court under S.J.C. Rule 2:21, 421 Mass. 1303 (1995).

The appeal from which the defendant sought a stay was the subject of oral argument in the Appeals Court on April 18, 1996. [Note 1] The defendant has not demonstrated what remedy, if any, could have been obtained thereafter from either the single justice or from this court.

Judgment affirmed.

FOOTNOTES

[Note 1] We note that the Appeals Court issued a memorandum and order pursuant to its rule 1:28 on July 29, 1996, affirming the judgment. Commonwealth v. Hernandez, 41 Mass. App. Ct. 1101 (1996).