Massachusetts Appeals Court October 14, 2010, 09-P-1778 (Commonwealth v. Belmer)

Meade, J.

After a jury-waived trial, the defendant was convicted of assault and battery in violation of G. L. c. 265, § 13A. On appeal, the defendant claims that the trial judge improperly

*63

extended the rule of

Commonwealth

v.

Daye,

393 Mass. 55 (1984), to permit an affidavit in support of a G. L. c. 209A abuse prevention order to be used as substantive evidence at trial.