Massachusetts Appeals Court March 24, 1998, No. 96-P-0885 (Commonwealth v. Richards)

Greenberg, J.

The primary issue on appeal in this case is whether the judge’s order denying the defendant’s motion under Mass.R.Crim.P. 29, 378 Mass. 899 (1979),1 is properly before us. The procedural background in which this issue has arisen unfolded as follows.