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COMMONWEALTH v. NAPOLITANO

No. 96-P-783.

42 Mass. App. Ct. 549 (1997)

COMMONWEALTH v. MARK NAPOLITANO.

Court of Appeals of Massachusetts, Middlesex.

April 30, 1997.

Attorney(s) appearing for the Case

Edward B. Gaffney for the defendant.

Marian T. Ryan, Assistant District Attorney, for the Commonwealth.

Present: DREBEN, GREENBERG, & LAURENCE, JJ.

LAURENCE, J.

The defendant, Mark Napolitano, was convicted by a jury of assault and battery by means of a dangerous weapon and assault and battery on Jennifer Botto. He contends that his trial was tainted by two unpreserved errors that created a substantial risk of a miscarriage of justice: (1) the trial judge allowed the Commonwealth to introduce damaging testimony regarding Botto's out-of-court statements against him under the "excited utterance" (or "spontaneous...

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