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COMMONWEALTH v. GONSALVES

No. 01-P-428.

56 Mass. App. Ct. 506 (2002)

COMMONWEALTH v. RAUL P. GONSALVES.

Court of Appeals of Massachusetts, Barnstable.

November 21, 2002.

Attorney(s) appearing for the Case

Michael J. Traft for the defendant.

J. Thomas Kirkman, Assistant District Attorney, for the Commonwealth.

Present: GREENBERG, MASON, & GREEN, JJ.

GREENBERG, J.

A Superior Court jury convicted the defendant of receiving a stolen motor vehicle, G. L. c. 266, § 28. The vehicle in question was a four-wheel, all-terrain vehicle (ATV) used for off-road recreation and had been stolen from a dealer in New York. On appeal, the defendant argues that (1) an ATV is not a "motor vehicle" within the meaning of G. L. c. 266, § 28; (2) the Commonwealth's evidence that he was in possession of the ATV or, in the alternative...

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