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COMMONWEALTH v. McCRAE

No. 00-P-726.

54 Mass. App. Ct. 27 (2002)

COMMONWEALTH v. RONALD L. McCRAE.

Court of Appeals of Massachusetts, Suffolk.

February 22, 2002.

Attorney(s) appearing for the Case

William S. Smith for the defendant.

Alex Philipson, Assistant District Attorney, for the Commonwealth.

Present: GREENBERG, DOERFER, & COHEN, JJ.

DOERFER, J.

The defendant was convicted on two counts of a three-count complaint for indecent assault and battery on a person fourteen years of age or older. He was acquitted on a third count. His counsel's strategy at trial was to argue that the defendant made an honest mistake of fact about the willingness of the complainant to engage in sexual foreplay, a defense not available to him as a matter of law. See Commonwealth v. Simcock,

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