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COMMONWEALTH v. URKIEL

No. 03-P-1402.

63 Mass. App. Ct. 445 (2005)

COMMONWEALTH v. RICHARD J. URKIEL.

Appeals Court of Massachusetts, Franklin.

May 6, 2005.

Attorney(s) appearing for the Case

Adriana Contartese (Dana Alan Curhan with her) for the defendant.

Judith Ellen Pietras, Assistant District Attorney, for the Commonwealth.

Present: KANTROWITZ, KAPLAN, & MILLS, JJ.

KAPLAN, J.

A judge of the District Court found at a bench trial that the defendant, Richard J. Urkiel, had unlawfully resisted arrest by certain police officers of the town of Greenfield (G. L. c. 268, § 32B), but had not committed assault and battery upon those officers (G. L. c. 265, § 13D).1 We reverse the judgment of conviction and remand for a new trial, because of the...

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