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COMMONWEALTH v. CASTRO

No. 07-P-510.

72 Mass. App. Ct. 901 (2008)

COMMONWEALTH v. MICHAEL CASTRO.

Appeals Court of Massachusetts.

July 18, 2008.

Attorney(s) appearing for the Case

Cynthia Vincent Thomas for the defendant.

Eva M. Badway, Assistant Attorney General, for the Commonwealth.

The defendant appeals from convictions in the Superior Court on two counts of trafficking in cocaine after a jury-waived trial in November, 2005. The defendant's sole argument is that given the requirements of G. L. c. 263, § 6, especially as recently interpreted in Commonwealth v. Osborne, 445 Mass. 776, 781 (2006), the waiver was ineffective, and a new trial is required because the record does not reveal a written waiver of...

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