COMMONWEALTH v. KELLEY


404 Mass. 459 (1989)

535 N.E.2d 1251

COMMONWEALTH vs. GENE F. KELLEY.

Supreme Judicial Court of Massachusetts, Essex.

April 3, 1989.


Attorney(s) appearing for the Case

Elin H. Graydon, Assistant District Attorney (Randy S. Chapman, Assistant District Attorney, with her) for the Commonwealth.

Steven S. Greenzang for the defendant.

Elizabeth R. OuYang & Matthew Engel, for Disability Law Center, Inc., amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.


O'CONNOR, J.

The defendant, who is hearing-impaired, was charged with operating a motor vehicle while under the influence of intoxicating liquor in violation of G.L.c. 90, § 24 (1986 ed.). He moved to dismiss this and two related charges on the ground that he was denied his statutory right to the assistance of an interpreter in violation of G.L.c. 221, § 92A (1986 ed.), with the result, he asserted, that he was not adequately informed of his right under...

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