GREENBERG, J.
The case before us is the Commonwealth's appeal from the dismissal of the charges against the defendant on the basis of a violation of Mass.R.Crim.P. 36, as amended, 422 Mass. 1503 (1996). The motion judge allowed the defendant's motion to dismiss because the Commonwealth "failed to bring [the defendant] to trial within one year of the date of his arraignment as required by Mass.R.Crim.P. 36(b)(1)." We affirm, but on a different basis from that articulated...
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