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COMMONWEALTH v. PELLETIER

No. 07-P-286.

71 Mass. App. Ct. 67 (2008)

COMMONWEALTH v. JOSEPH A. PELLETIER.

Appeals Court of Massachusetts, Essex.

January 15, 2008.

Attorney(s) appearing for the Case

Jennifer H. O'Brien for the defendant.

Kenneth Bresler, Assistant District Attorney, for the Commonwealth.

Present: GRASSO, DREBEN, & GREEN, JJ.

DREBEN, J.

In response to a 911 call from the defendant, police Officer Thomas Cuddy arrived at a rooming house in Lawrence and found the defendant and his wife standing outside. As the wife had serious facial injuries, Cuddy's first concern was for her "health and well being." He immediately called an ambulance. Thereafter, Cuddy separated the wife from the defendant so that she was about fifty feet away from him, with her back turned toward him. The wife appeared...

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