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COMMONWEALTH v. PACIFICO

No. 88-P-337.

27 Mass. App. Ct. 254 (1989)

537 N.E.2d 593

COMMONWEALTH vs. RICHARD PACIFICO.

Appeals Court of Massachusetts, Barnstable.

May 2, 1989.

Attorney(s) appearing for the Case

Walter H. McLaughlin, Jr., for the defendant.

Robert C. Lawless, Assistant Town Counsel of Falmouth, for the Commonwealth.

Present: ARMSTRONG, KAPLAN, & SMITH, JJ.

SMITH, J.

On August 12, 1985, the defendant was charged in a three-count complaint with violations of G.L.c. 131, § 40, the Wetlands Protection Act. He was arraigned in the Barnstable District Court on September 5, 1985, pleaded not guilty, and was released on personal recognizance.

On June 2, 1987, the defendant filed a motion to dismiss the complaint because of an alleged violation of Mass.R.Crim.P. 36(b), 378 Mass. 909 (1979). The motion was denied...

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