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COMMONWEALTH v. ROGERS

No. SJC-10278.

459 Mass. 249 (2011)

COMMONWEALTH v. DANIEL ROGERS.

Supreme Judicial Court of Massachusetts, Suffolk.

April 8, 2011.

Attorney(s) appearing for the Case

Peter B. Krupp for the defendant.

Elisabeth Kosterlitz Martino , Assistant District Attorney ( Patrick M. Haggan , Assistant District Attorney, with her) for the Commonwealth.

Present: IRELAND, SPINA, COWIN, CORDY, BOTSFORD, & GANTS, JJ.

COWIN, J.

The defendant was convicted of the murder in the first-degree of Cristian Giambrone on the theory of felony-murder with armed robbery as the predicate felony. The defendant was also convicted of assault and battery with a dangerous weapon, to wit, a knife, arising from his attack on Henry Young.2 The case is before us on the defendant's direct appeal from these two convictions. He claims that, because any force or threats occurred...

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