COMMONWEALTH v. LAURIA

No. 90-P-247.

29 Mass. App. Ct. 542 (1990)

562 N.E.2d 1367

COMMONWEALTH vs. MICHAEL LAURIA (and eleven companion cases).

Appeals Court of Massachusetts, Middlesex.

November 28, 1990.


Attorney(s) appearing for the Case

Joseph James Balliro, Jr., for Michael Lauria.

John R. Campbell for Edward Long.

Albert C. Bielitz, Jr., for Michael Joyce.

William F. Bloomer, Assistant District Attorney, for the Commonwealth.

Present: PERRETTA, KASS, & GILLERMAN, JJ.


KASS, J.

Lauria, Long and Joyce, charged with aggravated rape,2 were not brought to trial within a year of their arraignments and, therefore, are presumptively entitled to dismissal of those charges in accordance with Mass.R.Crim.P. 36(b)(1), 378 Mass. 909 (1979), unless the Commonwealth justifies the delay. See Barry v. Commonwealth, 390 Mass. 285

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