COMMONWEALTH v. MANDILE


15 Mass. App. Ct. 83 (1983)

443 N.E.2d 1333

COMMONWEALTH vs. ANTHONY J. MANDILE.

Appeals Court of Massachusetts, Middlesex.

January 6, 1983.


Attorney(s) appearing for the Case

Elliot D. Lobel for the defendant.

Peter W. Agnes, Jr., Assistant District Attorney, for the Commonwealth.

Present: BROWN, CUTTER, & DREBEN, JJ.


DREBEN, J.

The question before us is whether the Commonwealth's motion for reconsideration of an order of a District Court judge dismissing a complaint with prejudice was timely when brought eighty-seven days after entry of that order. We hold that the motion was not timely, and that, in the absence of a showing by the Commonwealth of extenuating circumstances for the delay, it was error for the judge to reinstate the complaint.

The facts as to the pretrial...

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