Commonwealth v. Yuri Y., 957 N.E.2d 1132, 81 Mass.App.Ct. 1102 (2011)
βThe authenticity of a photograph is a preliminary question of fact for resolution by the trial judge, Commonwealth v.. Figueroa, 56 Mass.App.Ct. 641, 646 (2002), and, the judge's preliminary determination concerning authenticity is conclusive unless there is an abuse of discretion.To find an abuse of discretion there must be no evidence to support the judge's preliminary determination and a reviewing court must determine β that no conscientious judge, acting intelligently, could honestly have taken the view expressed by [him].β Commonwealth v. Anderson, 445 Mass. 195, 209 (2005), quoting from Commonwealth v. Jaime, 433 Mass. 575, 579 (2001). β
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