COMMONWEALTH v. CINTRON

No. 01-P-836.

59 Mass. App. Ct. 905 (2003)

COMMONWEALTH v. MARLIS D. CINTRON.

Appeals Court of Massachusetts.

August 29, 2003.


Attorney(s) appearing for the Case

Brian J. Kelly for the defendant.

Robert C. Thompson, Assistant District Attorney, for the Commonwealth.


The defendant appeals from her conviction of distributing heroin within 1,000 feet of a school in violation of G. L. c. 94C, § 32J. She claims the Commonwealth failed to prove the distance element of the crime.

In her oral motion for a required finding of not guilty at the conclusion of the Commonwealth's case, the defendant argued that "the way [proof of the distance] has to be done is to have an engineer and plot plan, . . . or surveyor." As set out in her...

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