COMMONWEALTH v. MCFADDEN

No. 98-P-2205.

49 Mass. App. Ct. 441 (2000)

COMMONWEALTH v. TYRONE MCFADDEN.

Court of Appeals of Massachusetts, Suffolk.

June 19, 2000.


Attorney(s) appearing for the Case

Robert A. O'Meara for the defendant.

Christopher Pohl, Assistant District Attorney, for the Commonwealth.

Present: KASS, GREENBERG, & LENK, JJ.


GREENBERG, J.

Tyrone McFadden, the defendant, was convicted after a one-day trial before a jury of six in Roxbury District Court of distribution of a Class B substance (G. L. c. 94C, § 32A[a]), and distribution of a Class B substance within 1,000 feet of a school (G. L. c. 94C, § 32J). On appeal, the defendant raises the question whether he received a harsher sentence than he otherwise would have because the judge thought the defendant committed perjury...

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