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COMMONWEALTH v. DESPRES

No. 06-P-1252.

70 Mass. App. Ct. 645 (2007)

COMMONWEALTH v. DANIEL J. DESPRES.

Appeals Court of Massachusetts, Middlesex.

November 5, 2007.

Attorney(s) appearing for the Case

David Shapiro for the defendant.

Fawn D. Balliro, Assistant District Attorney, for the Commonwealth.

Present: CYPHER, KANTROWITZ, & COHEN, JJ.

COHEN, J.

In 1995, the defendant was convicted of indecent assault and battery on a person over the age of fourteen years, in violation of G. L. c. 265, § 13H. His conviction was based upon proof that, on the night of July 1, 1994, he fondled the genitals of a twenty-one year old mildly retarded acquaintance.

The present appeal, from the trial judge's denial of the defendant's motion for a new trial...

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