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COMMONWEALTH v. THOMAS

No. 99-P-1470.

52 Mass. App. Ct. 286 (2001)

COMMONWEALTH v. KEVIN THOMAS.

Court of Appeals of Massachusetts, Suffolk.

August 16, 2001.

Attorney(s) appearing for the Case

Astrid H. afKlinteberg for the defendant.

Brian J.S. Cullen, Assistant District Attorney, for the Commonwealth.

Present: BROWN, JACOBS, & MCHUGH, JJ.

MCHUGH, J.

Claiming that the prosecutor's closing argument improperly urged the jury to adopt a theory of guilt by association, the defendant appeals from his convictions of possession of a Class B substance (cocaine) with intent to distribute, G. L. c. 94C, § 32A(a), and possession of a Class B substance (same cocaine) in a school zone with intent to distribute. G. L. c. 94C, § 32J. We conclude that the trial judge's instructions did not palliate...

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