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COMMONWEALTH v. BIASIUCCI

No. 02-P-1092.

60 Mass. App. Ct. 734 (2004)

COMMONWEALTH v. JOHN S. BIASIUCCI.

Appeals Court of Massachusetts, Plymouth.

April 1, 2004.

Attorney(s) appearing for the Case

David B. Mark for the defendant.

Gail M. McKenna, Assistant District Attorney, for the Commonwealth.

Present: Beck, Kaplan, & Porada, JJ.

KAPLAN, J.

Upon jury-waived trial, the defendant John Biasiucci was convicted of the crimes of rape of a child (G. L. c. 265, § 23) and indecent assault and battery on a person aged fourteen years or over (G. L. c. 265, § 13H), committed on June 14, 2000. The defendant appeals from the judgments of conviction, contending, first, the judge erred in denying the defendant's pretrial motion to dismiss the indictments for the prosecutor's

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