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COMMONWEALTH v. KELLEY

411 Mass. 212 (1991)

581 N.E.2d 472

COMMONWEALTH & another vs. KEVIN KELLEY.

Supreme Judicial Court of Massachusetts, Suffolk.

November 18, 1991.

Attorney(s) appearing for the Case

Frank Mondano for the defendant.

Nijole Makaitis, Special Assistant Attorney General, for the plaintiffs, submitted a brief.

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

LYNCH, J.

The Commonwealth and the Department of Youth Services (department) appeal from the denial of their petition for relief pursuant to G.L.c. 211, § 3 (1990 ed.), by a single justice of this court. On February 19, 1990, the defendant, then sixteen years old, was charged with murder. G.L.c. 265, § 1 (1990 ed.). The Commonwealth requested a transfer hearing pursuant to G.L.c. 119, § 61.

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