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COMMONWEALTH v. ROTONDA

434 Mass. 211 (2001)

COMMONWEALTH v. GERARD ROTONDA, THIRD.

Supreme Judicial Court of Massachusetts, Suffolk.

May 21, 2001.

Attorney(s) appearing for the Case

John P. Zanini, Assistant District Attorney (Joseph M. Ditkoff & Glenn A. Cunha, Assistant District Attorneys, with him) for the Commonwealth.

Thomas R. Kiley (Angela G. Lehman with him) for the defendant.

Present: MARSHALL, C.J., GREANEY, SPINA, COWIN, SOSMAN, & CORDY, JJ.

CORDY, J.

The Commonwealth challenges the lawfulness of the terms and conditions imposed by a District Court judge in a continuance without a finding disposition made pursuant to G. L. c. 278, § 18. It contends that such a continuance must include a condition of supervised probation, which this disposition did not, and also contends that it cannot be conditioned on the defendant's payment of money to the complaining victim,

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