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COMMONWEALTH v. MILTON

No. 99-P-425.

49 Mass. App. Ct. 552 (2000)

COMMONWEALTH v. JEFFREY T. MILTON.

Court of Appeals of Massachusetts, Middlesex.

July 6, 2000.

Attorney(s) appearing for the Case

Maxine Sushelsky for the defendant.

Thomas D. Ralph, Assistant District Attorney, for the Commonwealth.

Present: KASS, GILLERMAN, & JACOBS, JJ.

GILLERMAN, J.

After an evidentiary hearing ordered by this court, a judge of the Superior Court, for the second time, denied the defendant's application for a new trial which was based on the claim that his trial counsel was ineffective, depriving him of his Federal and State constitutional rights. We reverse, and order a new trial.

The background events are these: On September 21, 1987, the defendant was arraigned on a juvenile complaint issued in

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