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COMMONWEALTH v. ALVARADO

No. 93-P-1184.

36 Mass. App. Ct. 604 (1994)

634 N.E.2d 132

COMMONWEALTH vs. FRANCISCO O. ALVARADO.

Appeals Court of Massachusetts, Essex.

June 3, 1994.

Attorney(s) appearing for the Case

Maureen L. Fox for the defendant.

S. Jane Haggerty, Assistant District Attorney, for the Commonwealth.

Present: DREBEN, JACOBS, & GILLERMAN, JJ.

JACOBS, J.

The defendant appeals from his conviction of assault and battery in violation of G.L.c. 265, § 13A, after a trial, without jury, in the District Court. We affirm.

The evidence supporting the conviction consisted essentially of the testimony of two police officers who stated that upon arriving at the apartment of Wanda Quiles within a minute of receiving a radio transmission, "[s]he appeared to

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