COMMONWEALTH v. PAVAO


423 Mass. 798 (1996)

COMMONWEALTH v. ANTONIO PAVAO.

Supreme Judicial Court of Massachusetts, Bristol.

November 18, 1996.


Attorney(s) appearing for the Case

John F. Palmer for the defendant.

Mary O'Neil, Assistant District Attorney, for the Commonwealth.

Elizabeth A. Lunt & William J. Leahy for Massachusetts Association of Criminal Defense Lawyers & another, amici curiae, submitted a brief.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, & FRIED, JJ.


FRIED, J.

The trial judge failed to conduct a colloquy with the defendant before accepting a waiver of his right to trial by jury tendered by his counsel. The Appeals Court ruled that in the particular circumstances of this case the omission was harmless and affirmed the convictions, 39 Mass.App.Ct. 490 (1995). We granted the defendant's application for further appellate review...

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