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COMMONWEALTH v. WEN CHAO YE

Nos. 99-P-471 & 99-P-2145.

52 Mass. App. Ct. 850 (2001)

COMMONWEALTH v. WEN CHAO YE.

Court of Appeals of Massachusetts, Middlesex.

October 17, 2001.

Attorney(s) appearing for the Case

Stella Robinson for the defendant.

Kimberly Diaz Peterson, Assistant District Attorney, for the Commonwealth.

Present: PERRETTA, GILLERMAN, & PORADA, JJ.

PERRETTA, J.

On appeal from his convictions on a joint venture theory on indictments charging him with armed robbery and assault and battery by means of a dangerous weapon,1 the defendant claims that the trial judge erred in denying his motion to suppress the one-on-one identification made of him at a showup and in instructing the jury on the issues of identification as well as in failing to instruct on battery as a lesser included offense...

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