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COMMONWEALTH v. LENO

415 Mass. 835 (1993)

616 N.E.2d 453

COMMONWEALTH vs. HARRY W. LENO, JR., & another.

Supreme Judicial Court of Massachusetts, Essex.

July 15, 1993.

Attorney(s) appearing for the Case

Harvey A. Schwartz (Sarah R. Wunsch with him) for Robert E. Ingalls.

Daniel Beck for Harry W. Leno, Jr.

Margaret J. Perry, Assistant District Attorney (Mark S. Weber, Assistant District Attorney, with her) for the Commonwealth.

Benjamin H. Keehn, for Committee for Public Counsel Services, amicus curiae, submitted a brief.

Michael T. Isbell, of New York, & William Garza, for Coalition of Addiction, Pregnancy, and Parenting & others, amici curiae, submitted a brief.

Present: LIACOS, C.J., WILKINS, ABRAMS, NOLAN, & LYNCH, JJ.

ABRAMS, J.

Massachusetts is one of ten States that prohibit distribution of hypodermic needles without a prescription.2 G.L.c. 94C, §§ 27, 38 (1990 ed.). In the face of those statutes the defendants operated a needle exchange program in an effort to combat the spread of acquired immunodeficiency syndrome (AIDS). As a result, the defendants were charged with and convicted of (1) unauthorized possession of instruments to administer...

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