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COMMONWEALTH v. ALLEN

No. 08-P-2112.

76 Mass. App. Ct. 9 (2009)

COMMONWEALTH v. WILLIAM ALLEN.

Appeals Court of Massachusetts, Suffolk.

December 14, 2009.

Attorney(s) appearing for the Case

Kathryn Karczewska Ohren for the defendant.

Zachary Hillman, Assistant District Attorney, for the Commonwealth.

Present: LENK, GREEN, & TRAINOR, JJ.

GREEN, J.

Martino Scovacricchi kept his saxophone in a distinctive bright red case. Around midday on February 20, 2008, he was greatly dismayed to discover both case and instrument missing from the locker at the Huntington Avenue YMCA in Boston, where he had placed them for storage while he went for a swim.1 Scovacricchi made inquiry to the YMCA staff, to no avail, and reported the theft to Boston police. He also alerted a

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