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COMMONWEALTH v. BURNS.

No. 95-P-1747.

43 Mass. App. Ct. 263 (1997)

COMMONWEALTH v. MARIO BURNS (and a companion case).

Court of Appeals of Massachusetts, Suffolk.

July 31, 1997.

Attorney(s) appearing for the Case

John Salsberg for Mario Burns.

Bruce W. Carroll for Ricardo Middleton.

John P. Zanini, Assistant District Attorney, for the Commonwealth.

Alan M. Dershowitz, Nathan Lewin, Julie L. Mendell, Mark A. Michelson & A. Van C. Lanckton, for the Harvard Jewish Law Students Association & others, amici curiae, submitted a brief.

Present: SMITH, GREENBERG, & FLANNERY, JJ.

FLANNERY, J.

A Superior Court jury convicted Mario Burns and Ricardo Middleton of assault and battery by means of a dangerous weapon, G. L. c. 265, § 15A(b), and Burns additionally of possession of a firearm and possession of ammunition, G. L. c. 269, §§ 10(a) and (h), as in effect prior to St. 1996, c. 20.2 Both defendants appeal. The Commonwealth moves to dismiss Burns's appeal for failure to file timely...

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