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COMMONWEALTH v. AZAR

No. 99-P-223.

50 Mass. App. Ct. 767 (2001)

COMMONWEALTH v. DAVID M. AZAR.

Court of Appeals of Massachusetts, Middlesex.

January 31, 2001.

Attorney(s) appearing for the Case

Richard J. Fallon for the defendant.

Kimberly Peterson, Assistant District Attorney, for the Commonwealth.

Present: JACOBS, BECK, & DUFFLY, JJ.

BECK, J.

On July 28, 1989, the defendant was convicted of the second degree murder of his four month old daughter on an indictment comprehending murder in the first degree. More than six years after we affirmed his conviction in Commonwealth v. Azar, 32 Mass.App.Ct. 290 (1992), the defendant filed a pro se motion for a new trial or, "[i]n the alternative, ... for the entry of a finding of guilty to the lesser...

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