COMMONWEALTH v. BARRY

No. 99-P-1418.

51 Mass. App. Ct. 9 (2001)

COMMONWEALTH v. ROBERT BARRY.

Court of Appeals of Massachusetts, Middlesex.

February 15, 2001.


Attorney(s) appearing for the Case

Joseph F. Gannon for the defendant.

Marian T. Ryan, Assistant District Attorney, for the Commonwealth.

Present: ARMSTRONG, C.J., KAPLAN, & GREENBERG, JJ.


KAPLAN, J.

This is an appeal by the defendant, Robert Barry, from an order in District Court denying his motion pursuant to Mass.R.Crim.P. 30(b), 378 Mass. 900 (1979), to withdraw his guilty plea. We vacate the order and allow the motion. There was a fatal error in the conduct of the colloquy between judge and defendant leading to the plea.

On August 5, 1994, and October 26, 1994, respectively, the defendant was complained of in Waltham District Court, No...

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