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COMMONWEALTH v. FRISINO

21 Mass. App. Ct. 551 (1986)

488 N.E.2d 51

COMMONWEALTH vs. FRANCIS E. FRISINO.

Appeals Court of Massachusetts, Hampden.

January 31, 1986.

Attorney(s) appearing for the Case

Wendy Sibbison for the defendant.

William T. Walsh, Jr., Assistant District Attorney, for the Commonwealth.

Present: GREANEY, C.J., BROWN, & SMITH, JJ.

BROWN, J.

On appeal from his conviction of breaking and entering, the defendant claims that his trial counsel was ineffective. Our examination of the record shows that the performance of the defendant's trial counsel fell "measurably below that which might be expected from an ordinary fallible lawyer." Commonwealth v. Saferian, 366 Mass. 89, 96 (1974).

The further question for us, however, is whether, notwithstanding...

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