JOHN T. RANSOME'S CASE.

COMMONWEALTH vs. JOHNNY TURNER.

6 Mass. App. Ct. 829

January 19, 1978

The record does not bear out the defendant's claim that the judge abused his discretion in denying the defendant's request for a voir dire on the victim's identification of the defendant from a group of photographs. No pretrial motion to suppress had been filed. Rule 61 of the Superior

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Court (1974). Commonwealth v. Gauthier, 5 Mass. App. Ct. 185 , 187-188 (1977). Nor did the failure to file such a motion deprive the defendant of the effective assistance of counsel. Commonwealth v. Saferian, 366 Mass. 89 , 98-99 (1974). See Commonwealth v. Hall, 369 Mass. 715 , 723-725 (1976). The evidence of the photographic identification procedure appears to have been fully developed at trial. That evidence was insufficient to warrant a finding that there was anything suggestive about the identification (compare Commonwealth v. Coburn, 5 Mass. App. Ct. 781 , 782 [1977]), and for that reason the defendant has failed to show prejudice. Commonwealth v. Saferian, supra at 96. Pires v. Commonwealth, 373 Mass. 829 , 836 (1977). It also appears from the transcript that the defendant was ably represented by trial counsel. This appeal is frivolous.

Judgments affirmed.