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COMMONWEALTH v. BELL

No. 12-P-284.

83 Mass. App. Ct. 61 (2013)

COMMONWEALTH v. ANTHONY BELL.

Appeals Court of Massachusetts, Suffolk.

January 8, 2013.

Attorney(s) appearing for the Case

Vincent J. DeMore , Assistant District Attorney, for the Commonwealth.

Paul A. Mishkin for the defendant.

Present: GRASSO, VUONO, & MILKEY, JJ.

GRASSO, J.

The Commonwealth appeals from an order of a Boston Municipal Court judge allowing the defendant's motion to dismiss a criminal complaint charging him with intimidation of a witness. See G. L. c. 268, § 13B. For the reasons that follow, we reverse.

1. Background. The application for the complaint against the defendant alleged as follows:

"On June 22, 2011, at approximately 4:50pm, [the defendant] leaned behind his attorney, looked...

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