COMMONWEALTH v. JOHNSON, 457 Mass. 1104 (2010)

No. 08-P-943.Supreme Judicial Court of Massachusetts.
June 29, 2010.

Reported below: 74 Mass. App. Ct. 1121 (2009).

Further appellate review denied.

To the extent that the defendant seeks review of the admission of a certificate of analysis in light of the United States Supreme Court’s decision in Melendez-Diaz v. Massachusetts, 557 U.S. (2009), and this court’s decisions in Commonwealth v. Vasquez. 456 Mass. 350 (2010) Commonwealth v. Charles, 456 Mass. 378 (2010); and Commonwealth v. Muniz, 456 Mass. 166 (2010), there is no indication that the Appeals Court has considered this issue on the merits, and we decline to consider the issue for the first time in an application for further appellate review. Se Phillips v. Youth Dev. Program, Inc., 390 Mass. 652, 660 (1983). The defendant is free to pursue appropriate postconviction relief in the trial court.