COMMONWEALTH v. LOPIANO

No. 03-P-346.

60 Mass. App. Ct. 723 (2004)

COMMONWEALTH v. KENNETH M. LOPIANO.

Appeals Court of Massachusetts, Essex.

March 29, 2004.


Attorney(s) appearing for the Case

Theodore F. Riordan (Deborah Bates Riordan with him) for the defendant.

James A. Janda, Assistant District Attorney, for the Commonwealth.

Present: Gelinas, Duffly, & Trainor, JJ.


DUFFLY, J.

The defendant appeals from convictions of assault and battery, G. L. c. 265, § 13A, and disorderly conduct, G. L. c. 272, § 53, following a jury trial. He argues that the evidence was insufficient to convict him of the disorderly conduct charge and that his motion for a required finding of not guilty should not have been denied. He also argues that the judge's instructions as to the disorderly charge were deficient and that the prosecutor made...

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