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COMMONWEALTH v. GAGNON

430 Mass. 348 (1999)

COMMONWEALTH v. DANIEL G. GAGNON.

Supreme Judicial Court of Massachusetts, Suffolk.

November 9, 1999.

Attorney(s) appearing for the Case

Kevin S. Nixon for the defendant.

Joseph M. Makalusky, Assistant District Attorney, for the Commonwealth.

Present: MARSHALL, C.J., ABRAMS, LYNCH, GREANEY, & IRELAND, JJ.

ABRAMS, J.

After we affirmed the defendant's convictions in Commonwealth v. Gagnon, 408 Mass. 185, 186 (1990),1 the defendant filed a motion alleging that an error in the malice instruction requires a new trial. The trial judge denied the motion. A single justice of this court allowed the defendant's application for leave to appeal from the order denying his motion for new trial. See

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