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COMMONWEALTH v. NAMEY

No. 05-P-1084.

67 Mass. App. Ct. 94 (2006)

COMMONWEALTH v. JAMES T. NAMEY.

Appeals Court of Massachusetts, Plymouth.

August 10, 2006.

Attorney(s) appearing for the Case

Brad P. Bennion (Dana Alan Curhan with him) for the defendant.

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

Present: Kantrowitz, Berry, & Doerfer, JJ.

KANTROWITZ, J.

Did the passenger have knowledge that the motor vehicle he occupied was stolen and sufficient dominion and control to consider him in possession of it? We hold that in the circumstances of this case, the jury could find that he did.

The defendant, James Namey, was convicted as a joint venturer of receiving stolen property over $250 in value, G. L. c. 266, § 60, and possession of burglarious instruments, G. L. c. 266,

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