SMITH, J.
On October 6, 1994, a Suffolk County grand jury returned an indictment against the defendant charging him with (1) kidnapping, (2) armed robbery, (3) assault and battery by means of a dangerous weapon (two counts), and (4) armed home invasion. On June 13, 1995, trial began before a Superior Court judge and a jury. Shortly after the trial started, the judge allowed the defendant's motion for a mistrial.
On August 24, 1995, a new trial commenced. The...
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