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COMMONWEALTH v. YANCY

440 Mass. 234 (2003)

COMMONWEALTH vs. PRESTON YANCY, SR.

Supreme Judicial Court of Massachusetts, Essex.

October 21, 2003.

Attorney(s) appearing for the Case

William J. Leahy, Committee for Public Counsel Services (Lisa Ann Grant, Committee for Public Counsel Services, with him) for the defendant.

Gregory I. Massing, Assistant District Attorney (Jean M. Curran, Assistant District Attorney, with him) for the Commonwealth.

Present: Marshall, C.J., Greaney, Ireland, Spina, & Cowin, JJ.

SPINA, J.

The defendant was convicted of deliberately premeditating the murder of his girl friend, Diane Aleksa, and his estranged wife, Sylvia Ann Holland Yancy, on November 6, 1994, in Lynn.1 The defense was lack of capacity to specifically intend and deliberately premeditate the killings. The defendant filed a motion for a new trial in which he alleged that trial counsel's failure to call...

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