COMMONWEALTH v. POILLUCCI

No. 98-P-0302.

46 Mass. App. Ct. 300 (1999)

COMMONWEALTH v. RALPH S. POILLUCCI.

Court of Appeals of Massachusetts, Middlesex.

February 9, 1999.


Attorney(s) appearing for the Case

Wendy B. Golenbock for the defendant.

Eileen M. O'Brien, Assistant District Attorney, for the Commonwealth.

Present: GREENBERG, GILLERMAN, & SPINA, JJ.


GREENBERG, J.

As might be expected during rush hour on a Friday, traffic on March 22, 1996, was moderate to heavy on Route 128 as it coursed through Wakefield. A ten year old girl, the judge could have believed, saw the defendant's car driving close to her father's. She was seated directly behind her mother in the rear passenger seat and noticed the defendant — there is no dispute that he was the driver — smiling and wearing a hat. In a matter of seconds...

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