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COMMONWEALTH v. FIGUEROA

No. 00-P-1112.

56 Mass. App. Ct. 641 (2002)

COMMONWEALTH v. ERNAN FIGUEROA.

Court of Appeals of Massachusetts, Suffolk.

December 5, 2002.

Attorney(s) appearing for the Case

Joseph S. Berman for the defendant.

Alex G. Philipson, Assistant District Attorney, for the Commonwealth.

Present: BROWN, GREENBERG, & MCHUGH, JJ.

MCHUGH, J.

Following a street-corner argument late on the night of May 15, 1996, Miguel Reyes shot and killed Vannaroth Ouk. Reyes's friend, the defendant, Ernan Figueroa, his own pistol drawn and cocked, was standing nearby when the shooting occurred. The defendant was thereafter indicted for Ouk's murder, see G. L. c. 265, § 1, on a joint venture theory, and for possession of a firearm. See G. L. c. 269, ...

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