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COMMONWEALTH v. GELPI

416 Mass. 729 (1994)

625 N.E.2d 543

COMMONWEALTH vs. LUIS M. GELPI.

Supreme Judicial Court of Massachusetts, Worcester.

January 4, 1994.

Attorney(s) appearing for the Case

James P. McKenna, Assistant District Attorney, for the Commonwealth.

Michael A. Cioffi for the defendant.

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

NOLAN, J.

A jury found the defendant guilty of armed robbery of "cash, a cross and chain"; assault and battery by means of a dangerous weapon (handgun); and larceny. The larceny conviction was placed on file. The Appeals Court, in an unpublished memorandum and order under its Rule 1:28, reversed the armed robbery conviction and affirmed the conviction of assault and battery by means of a dangerous weapon. 34 Mass.App.Ct. 1125 (1993). We granted the Commonwealth's...

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