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COMMONWEALTH v. GIAVAZZI

No. 02-P-806.

60 Mass. App. Ct. 374 (2004)

COMMONWEALTH v. GIANFRANCO GIAVAZZI.

Appeals Court of Massachusetts, Suffolk.

January 29, 2004.

Attorney(s) appearing for the Case

Angela G. Lehman for the defendant.

Donna Jalbert Patalano, Assistant District Attorney, for the Commonwealth.

Present: LENK, SMITH, & COWIN, JJ.

COWIN, J.

The defendant was convicted by a jury of identity fraud pursuant to G. L. c. 266, § 37E(b), a relatively new offense inserted by St. 1998, c. 397, § 1, effective March 3, 1999.1 On appeal, he claims that (1) the trial judge erred in not allowing his motion for a required finding of not guilty; (2) the prosecutor's closing argument infringed on his constitutional right to remain silent and misstated the law on...

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