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COMMONWEALTH v. CASIMIR

No. 06-P-420.

68 Mass. App. Ct. 257 (2007)

COMMONWEALTH vs. WILSON S. CASIMIR.

Appeals Court of Massachusetts, Suffolk.

February 16, 2007.

Attorney(s) appearing for the Case

John P. Zanini, Assistant District Attorney, for the Commonwealth.

Stuart Alford for the defendant.

Present: Rapoza, C.J., Perretta, Dreben, Greenberg, & Meade, JJ.

MEADE, J.

Eighteen years after admitting to sufficient facts to warrant his conviction of possession of cocaine,1 the defendant moved to vacate his plea based on his claim that he did not receive the "immigration warning" required by G. L. c. 278, § 29D. On April 22, 2004, a District Court judge allowed the motion and ordered a new trial. The Commonwealth appeals. Determining that the defendant's circumstances do not qualify him for...

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