KASS, J.
Minutes into direct examination of the Commonwealth's first witness, the prosecutor moved to amend the complaint to reflect that the offense charged, driving under the influence of alcohol — second offense, had occurred on September 21, 1998, rather than September 22, 1998. Defense counsel objected, and a judge of the Chicopee District Court, who was hearing the case jury-waived, denied the motion. The prosecutor, following argument to persuade the...
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