COMMONWEALTH v. RIGHINI

No. 03-P-1356.

64 Mass. App. Ct. 19 (2005)

COMMONWEALTH v. MICHAEL RIGHINI.

Appeals Court of Massachusetts, Middlesex.

July 18, 2005.


Attorney(s) appearing for the Case

Lillian L. Cheng, Assistant District Attorney (Jonathan M. Jagher, Assistant District Attorney, with her) for the Commonwealth.

J. Gregory Batten for the defendant.

Present: Cypher, Dreben, & Katzmann, JJ.


KATZMANN, J.

A judge of the District Court dismissed the Commonwealth's five-count criminal complaint for failure to produce the dates of birth of its police witnesses as requested by the defendant and ordered by the court. The Commonwealth challenges the propriety of the discovery order and appeals the dismissal. We determine that the discovery order was entered in error. We therefore reverse the order of the District Court dismissing the complaint.

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