Massachusetts Supreme Judicial Court December 3, 2012 (Commonwealth v. Leng)

Spina, J.

The defendant was convicted of murder in the first degree based on deliberate premeditation. He filed a motion for a new trial alleging that his trial counsel was ineffective by reason of (1) his failure to object to evidence of gang membership, (2) his failure to object to the testimony of a substitute medical examiner, (3) his failure to present evidence of the defendant’s state of