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COMMONWEALTH v. SERRANO-ORTIZ

No. 99-P-872.

53 Mass. App. Ct. 608 (2002)

COMMONWEALTH v. IGAR SERRANO-ORTIZ.

Court of Appeals of Massachusetts, Plymouth.

January 17, 2002.

Attorney(s) appearing for the Case

John M. Thompson for the defendant.

Gail M. McKenna, Assistant District Attorney, for the Commonwealth.

Present: LAURENCE, SMITH, & RAPOZA, JJ.

RAPOZA, J.

The defendant appeals his conviction on indictments for unlawful distribution of a controlled substance (heroin), G. L. c. 94C, § 32; unlawful distribution of a controlled substance in a school zone, G. L. c. 94C, § 32J; and causing, inducing, or abetting a minor to distribute or sell a controlled substance, G. L. c. 94C, § 32K. He claims the trial judge erred when he (1) failed to instruct the jury that, under

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