COMMONWEALTH v. PEREZ


437 Mass. 186 (2002)

COMMONWEALTH v. MIGUEL A. PEREZ.

Supreme Judicial Court of Massachusetts, Hampden.

June 21, 2002.


Attorney(s) appearing for the Case

Susan E. Taylor for the defendant.

Thomas H. Townsend, Assistant District Attorney, for the Commonwealth.

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


SOSMAN, J.

The present appeal requires us to determine the appropriate unit of prosecution for the crime of being an accessory after the fact. G. L. c. 274, § 4. The defendant was convicted on two indictments charging him with being an accessory after the fact to assault and battery by means of a dangerous weapon, based on his assistance to two perpetrators of a drive-by shooting in which two victims were wounded. On

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