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COMMONWEALTH v. FORTES

No. 96-P-1723.

47 Mass. App. Ct. 214 (1999)

COMMONWEALTH v. JOHN FORTES, JR.

Court of Appeals of Massachusetts, Bristol.

July 2, 1999.

Attorney(s) appearing for the Case

Benjamin H. Keehn, Committee for Public Counsel Services, for the defendant.

M. Catherine Huddleson, Special Assistant District Attorney, for the Commonwealth.

Present: ARMSTRONG, DREBEN, & JACOBS, JJ.

ARMSTRONG, J.

Early one evening in February, 1992, the defendant and a companion, Westgate, were out walking in New Bedford "seeing what [they] could get into." They saw a sixty-five year old woman, Lucille Labens, bringing out her household trash and decided to steal her purse, which hung by a strap from her left arm. Westgate walked up behind Mrs. Labens, grabbed the purse strap, and attempted to slide it off her

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