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COMMONWEALTH v. GAGLIARDI

No. 89-P-293.

29 Mass. App. Ct. 225 (1990)

559 N.E.2d 1234

COMMONWEALTH vs. PHILIP J. GAGLIARDI.

Appeals Court of Massachusetts, Middlesex.

September 19, 1990.

Attorney(s) appearing for the Case

David Kelston for the defendant.

James W. Sahakian, Assistant District Attorney (David R. Marks, Assistant District Attorney, with him) for the Commonwealth.

Present: WARNER, C.J., ARMSTRONG, & CUTTER, JJ.

ARMSTRONG, J.

Following the allowance of a new trial motion (reviewed in Commonwealth v. Gagliardi, 21 Mass.App.Ct. 439 [1986]), the defendant, represented by new counsel, was retried and was again convicted of murder in the second degree. The case is here again on his appeal from the conviction.

The facts that could be found by the jury, based (as at the first trial) principally on the testimony...

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