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COMMONWEALTH v. MALCHIONNO

No. 97-P-1701.

47 Mass. App. Ct. 73 (1999)

COMMONWEALTH v. ERNEST J. MALCHIONNO.

Court of Appeals of Massachusetts, Plymouth.

June 4, 1999.

Attorney(s) appearing for the Case

Carlo A. Obligato, Committee for Public Counsel Services, for the defendant.

Kelly-Anne DeFao, Assistant District Attorney, for the Commonwealth.

Present: KASS, DREBEN, & SPINA, JJ.

DREBEN, J.

This is yet another case where the difficult line must be drawn between permissible and impermissible opinion testimony in a child sexual abuse case. See Commonwealth v. Richardson, 423 Mass. 180, 186 (1996). Here we conclude the challenged opinion testimony was admissible.

The defendant was convicted of forcible rape of a child (G. L. c. 265, § 22A). At trial, the victim, then nineteen, claimed...

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