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COMMONWEALTH v. D'AGOSTINO

421 Mass. 281 (1995)

COMMONWEALTH vs. ANTHONY D'AGOSTINO.

Supreme Judicial Court of Massachusetts, Essex.

November 9, 1995.

Attorney(s) appearing for the Case

Risa E. Freeman for the defendant.

Margaret J. Perry, Assistant District Attorney, for the Commonwealth.

Present: LIACOS, C.J., WILKINS, ABRAMS, LYNCH, O'CONNOR, & GREANEY, JJ.

GREANEY, J.

In Commonwealth v. D'Agostino, 38 Mass.App.Ct. 206 (1995), the Appeals Court reversed the defendant's conviction for operating a motor vehicle while under the influence of intoxicating liquor, in violation of G.L.c. 90, § 24 (1) (a) (1) (1994 ed). The Appeals Court determined that the rule announced in Commonwealth v. Zevitas,<...

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