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COMMONWEALTH v. SIBINICH

No. 91-P-1304.

33 Mass. App. Ct. 246 (1992)

598 N.E.2d 673

COMMONWEALTH vs. DAVID L. SIBINICH.

Appeals Court of Massachusetts, Berkshire.

September 3, 1992.

Attorney(s) appearing for the Case

Edward P. Mulvaney for the defendant.

Mark J. Pasquariello, Assistant District Attorney, for the Commonwealth.

Present: JACOBS, GILLERMAN, & GREENBERG, JJ.

GILLERMAN, J.

In March of 1982, the defendant was found guilty of assault with intent to murder, armed robbery, assault and battery by means of a deadly weapon, and assault in a dwelling with the intent to commit a felony. An assault and battery conviction was placed on file. The remaining convictions were affirmed on appeal, see 15 Mass.App.Ct. 1105 (1983), and further appellate review was denied, 389 Mass. 1101 (1983). A motion for a new trial filed in May, 1983...

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