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COMMONWEALTH v. O'BRIEN

No. 00-P-1705.

56 Mass. App. Ct. 170 (2002)

COMMONWEALTH v. KEVIN M. O'BRIEN.

Court of Appeals of Massachusetts, Suffolk.

October 1, 2002.

Attorney(s) appearing for the Case

Kimberly Wittenberg Lurie for the defendant.

Kajal K. Chattopadhyay, Assistant District Attorney, for the Commonwealth.

Present: MASON, COHEN, & MILLS, JJ.

COHEN, J.

After a jury trial in the Boston Municipal Court, the defendant was convicted of larceny of a snow plow truck.1 His appeal is based primarily upon two comments made by the prosecutor in closing, which the Commonwealth concedes to be improper. The prosecutor argued a fact that she had been unable to place in evidence, and she suggested that the jury infer the defendant's guilt from the existence of the charge against him and from...

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