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COMMONWEALTH v. HUBERT

No. 07-P-269.

71 Mass. App. Ct. 661 (2008)

COMMONWEALTH v. MELVIN HUBERT.

Appeals Court of Massachusetts, Suffolk.

May 2, 2008.

Attorney(s) appearing for the Case

Thomas C. Foley for the defendant.

Carina R. Canaan, Assistant District Attorney, for the Commonwealth.

Present: LENK, ARMSTRONG, & GRAHAM, JJ.

ARMSTRONG, J.

The defendant appeals from a conviction on an indictment of operating a motor vehicle under the influence of intoxicating liquor (OUI). He argues, on appeal, that it was error to allow the prosecutor to put in evidence a breathalyzer reading of .161 and to instruct the jury that, based on that reading, they might find the defendant guilty of the crime charged.

Last year, the Supreme Judicial Court decided Commonwealth...

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