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COMMONWEALTH v. CLAUDIO

No. 88-P-193.

26 Mass. App. Ct. 218 (1988)

525 N.E.2d 449

COMMONWEALTH vs. GLORIA CLAUDIO.

Appeals Court of Massachusetts, Bristol.

July 15, 1988.

Attorney(s) appearing for the Case

Patricia A. O'Neill, Committee for Public Counsel Services, for the defendant.

Cynthia A. Vincent, Assistant District Attorney (Dana Curhan, Assistant District Attorney, with her) for the Commonwealth.

Present: KASS, WARNER, & FINE, JJ.

FINE, J.

After a Superior Court jury trial, the defendant was convicted of trafficking in heroin (G.L.c. 94C, § 32E[c][1], as appearing in St. 1983, c. 571, § 3). On appeal, the defendant claims that (1) the jury instructions impermissibly shifted to her the burden of disproving certain elements of the crime and (2) one misstatement by defense counsel in closing argument amounted to ineffective assistance of counsel. We affirm.

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