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COMMONWEALTH v. SOTO

431 Mass. 340 (2000)

COMMONWEALTH v. ORIOL SOTO.

Supreme Judicial Court of Massachusetts, Middlesex.

May 3, 2000.

Attorney(s) appearing for the Case

James E. McCall for the defendant.

David W. Cunis, Assistant District Attorney, for the Commonwealth.

Jennifer J. Smith, Committee for Public Counsel Services, Iris Gomez, Sarah Ignatius, Richard Iandoli, Mary Howells, & Gail Pendleton, for Massachusetts Law Reform Institute & others, amici curiae, submitted a brief.

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

ABRAMS, J.

We granted the Commonwealth's application for further appellate review to consider the issue of what constitutes an adequate immigration warning. See G. L. c. 278, § 29D. The defendant, Oriol Soto, asserts that his second motion for a new trial should have been allowed because the judge did not advise him properly as required by G. L. c. 278, § 29D. The Appeals Court reversed the order denying the motion for a new trial. Commonwealth v...

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