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COMMONWEALTH v. CAVALLARO

No. 86-1345.

25 Mass. App. Ct. 605 (1988)

521 N.E.2d 420

COMMONWEALTH vs. RICHARD R. CAVALLARO.

Appeals Court of Massachusetts, Bristol.

April 13, 1988.

Attorney(s) appearing for the Case

Ellen A. Howard, Committee for Public Counsel Services, for the defendant.

Ronald A. Pina, District Attorney, Dana A. Curhan & Cynthia A. Vincent, Assistant District Attorneys, for the Commonwealth.

Present: GRANT, PERRETTA, & SMITH, JJ.

PERRETTA, J.

At the defendant's jury trial on an indictment charging him with operating a motor vehicle while under the influence of liquor, the key and disputed issue was whether, at the time of his arrest, the defendant was operating the vehicle. The arresting officer testified that when he arrested the defendant, he was in the driver's seat of his truck. Although the truck was well into a parking lot of a twenty...

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