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COMMONWEALTH v. HRYCENKO

31 Mass. App. Ct. 425 (1991)

578 N.E.2d 809

COMMONWEALTH vs. PETER HRYCENKO & another. (and seven companion cases).

Appeals Court of Massachusetts, Norfolk.

September 30, 1991.

Attorney(s) appearing for the Case

Lee A. Drizin for Peter Hrycenko.

Carol A. Donovan, Committee for Public Counsel Services (Cathleen Bennett, Committee for Public Counsel Services, with her) for Mary Hrycenko.

Robert C. Cosgrove, Assistant District Attorney, for the Commonwealth.

Present: KASS, FINE, & GREENBERG, JJ.

KASS, J.

During the course of their trial on indictments charging aggravated rape, kidnapping, assault by means of a dangerous weapon, threatening to kill, and possession of controlled substances — to all of which a jury returned verdicts of guilty2 — pictures were offered as evidence by the prosecution. The trial judge ruled that certain of the photographs were more inflammatory than probative, and that they ought not to...

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