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COMMONWEALTH v. HARDING

No. 99-P-312.

53 Mass. App. Ct. 378 (2001)

COMMONWEALTH v. SEAN HARDING.

Court of Appeals of Massachusetts, Barnstable.

December 13, 2001.

Attorney(s) appearing for the Case

Thomas C. Foley for the defendant.

Julia K. Holler, Assistant District Attorney, for the Commonwealth.

Present: GREENBERG, BECK, & RAPOZA, JJ.

GREENBERG, J.

No dispute exists that the defendant, Sean Harding, committed the acts constituting two counts of distribution of cocaine of which he was convicted. G. L. c. 94C, § 32A(c). The defendant seeks to be excused because, he claims, the Commonwealth failed to prove a case from which a fact finder could justifiably infer, beyond a reasonable doubt, that police did not entrap him into committing the crimes. He also claims due process violations. See

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