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COMMONWEALTH v. ALVARADO

No. 98-P-656.

50 Mass. App. Ct. 419 (2000)

COMMONWEALTH v. JOSE ALVARADO

Court of Appeals of Massachusetts, Hampden.

November 3, 2000.

Attorney(s) appearing for the Case

Patricia A. O'Neill, Committee for Public Counsel Services, for the defendant.

Deborah D. Ahlstrom, Assistant District Attorney, for the Commonwealth.

Present: ARMSTRONG, C.J., KASS, & RAPOZA, JJ.

ARMSTRONG, C.J.

Jose Alvarado was convicted by a jury of assault and battery with a dangerous weapon and armed assault with intent to murder in connection with the shooting of two men in Holyoke on July 7, 1995. His appeal raises the following points.

1. Designation of alternate juror. After closing arguments, but prior to jury deliberation, the prosecutor informed the judge that a District Court prosecutor...

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