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COMMONWEALTH v. SINAI

No. 97-P-1738.

47 Mass. App. Ct. 544 (1999)

COMMONWEALTH v. HERTZL SINAI.

Court of Appeals of Massachusetts, Plymouth.

August 5, 1999.

Attorney(s) appearing for the Case

Daniel W. Rice for the defendant.

Mary E. Mullaney, Assistant District Attorney, for the Commonwealth.

Present: KASS, PORADA, & LENK, JJ.

PORADA, J.

The defendant was found guilty by a jury in the District Court of being a disorderly person under G. L. c. 272, § 53. On appeal, he claims that the District Court judge erred in failing to instruct the jury that the Commonwealth must prove beyond a reasonable doubt that the defendant's conduct could not have served any legitimate purpose, including the exercise of First Amendment rights, and in failing to allow the

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