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COMMONWEALTH v. WEST

No. 96-P-1655.

44 Mass. App. Ct. 150 (1998)

COMMONWEALTH v. THOMAS WEST.

Court of Appeals of Massachusetts, Suffolk.

January 15, 1998.

Attorney(s) appearing for the Case

Larissa Kiers for the defendant.

Joseph M. Makalusky, Assistant District Attorney, for the Commonwealth.

Present: BROWN, LAURENCE, & SPINA, JJ.

BROWN, J.

We are again presented with another in a long line of cases where the prosecutor in his closing speech has succeeded in snatching defeat from the jaws of victory. See, e.g., Commonwealth v. McLeod, 30 Mass.App.Ct. 536, 536-537 (1991). As we are unable to conclude with the requisite level of confidence that the defendant was not prejudiced unfairly or materially by the prosecutor's grave and numerous...

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