ABRAMS, J.
The defendant, Manuel Maia, was convicted of breaking and entering in the daytime, G. L. c. 266, § 17, and intimidation of a witness, G. L. c. 268, § 13 (b). In a memorandum and order issued pursuant to its rule 1:28, the Appeals Court affirmed the convictions. See 45 Mass.App.Ct. 1124 (1998). We granted the defendant's application for further appellate review. We consider the issues not addressed by the Appeals Court: whether the defendant...
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