COMMONWEALTH v. STREET


388 Mass. 281 (1983)

446 N.E.2d 670

COMMONWEALTH vs. RICHARD A. STREET.

Supreme Judicial Court of Massachusetts, Suffolk.

March 3, 1983.


Attorney(s) appearing for the Case

Carlo A. Obligato for the defendant.

Thomas J. Mundy, Jr., Assistant District Attorney (Robert J. McKenna, Jr., Assistant District Attorney, with him) for the Commonwealth.

Present: HENNESSEY, C.J., ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.


NOLAN, J.

The principal issue in this case is whether the defendant was deprived of effective assistance of counsel as a result of trial counsel's eleventh hour decision, in closing argument, to abandon an insanity defense to indictments charging murder in the first degree and assault with intent to murder, being armed with a dangerous weapon. We hold that the defendant is entitled to a new trial.

The defendant was employed under the name Gary Kagan as a dishwasher...

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