Massachusetts Appeals Court June 27, 2003, No. 01-P-1110 (Commonwealth v. Kopsala)

Smith, J.

The defendant was convicted by a judge, sitting without a jury, of rape and indecent assault and battery on a person fourteen years of age or older.

*388On appeal, the defendant claims that the judge committed error in denying his motion for a mistrial based on misinformation furnished to the defendant by the Commonwealth prior to his trial.