COMMONWEALTH v. BOYAJIAN

No. 06-P-246.

68 Mass. App. Ct. 866 (2007)

COMMONWEALTH vs. PHILIP BOYAJIAN.

Appeals Court of Massachusetts, Middlesex.

May 9, 2007.


Attorney(s) appearing for the Case

Adriana Contartese for the defendant.

Kimberly A. Rugo, Assistant District Attorney, for the Commonwealth.

Present: RAPOZA, C.J., CYPHER, & COWIN, JJ.


CYPHER, J.

A jury convicted the defendant, Philip Boyajian, of operating a motor vehicle while under the influence of alcohol. G. L. c. 90, § 24. The defendant appeals, arguing that the prosecutor's opening statement and closing argument improperly relied on a public safety theme and that "public safety" evidence was improperly admitted. We affirm.

Background. The Commonwealth's evidence was as follows. On May 27, 2004, some time after 6:00 P.M...

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