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COMMONWEALTH v. DERY

452 Mass. 823 (2008)

COMMONWEALTH v. ZACHARY P. DERY.

Supreme Judicial Court of Massachusetts, Suffolk.

December 23, 2008.

Attorney(s) appearing for the Case

Judith Ellen Pietras, Assistant District Attorney, for the Commonwealth.

David G. Mintz (Susan Moran with him) for the defendant.

Carlo A. Obligato, Committee for Public Counsel Services, & William C. Newman, for Committee for Public Counsel Services & another, amici curiae, submitted a brief.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, CORDY, & BOTSFORD, JJ.

CORDY, J.

On September 13, 2007, Zachary P. Dery appeared for trial on charges of operating while under the influence of alcohol and other traffic violations. The trial judge began the process of empanelling a jury; however, due to the exercise of peremptory challenges and the disqualification of potential jurors for cause, the jury venire was reduced to only five people. The judge informed Dery that the trial could proceed with five jurors

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