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COMMONWEALTH v. LUCIEN

440 Mass. 658 (2004)

COMMONWEALTH vs. JAMES LUCIEN.

Supreme Judicial Court of Massachusetts, Suffolk.

January 12, 2004.

Attorney(s) appearing for the Case

Stephen Neyman for the defendant.

Paul B. Linn, Assistant District Attorney, for the Commonwealth.

Present: Marshall, C.J., Spina, Cowin, & Sosman, JJ.

SPINA, J.

The defendant was convicted of murder in the first degree on a theory of felony-murder, two counts of armed robbery, and illegal possession of a firearm. He filed a motion for a new trial, which was later revised, and denied. His appeal from the denial of his motion for a new trial has been consolidated with his direct appeal. Also before us is the trial judge's refusal to consider the defendant's amended motion...

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