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COMMONWEALTH v. McCOY

SJC-10530

456 Mass. 838 (2010)

COMMONWEALTH v. RONALD McCOY.

Supreme Judicial Court of Massachusetts, Suffolk.

May 20, 2010.

Attorney(s) appearing for the Case

Joseph J. Mazza for the defendant.

Janis DiLoreto Noble, Assistant District Attorney (Cory S. Flashner, Assistant District Attorney, with her) for the Commonwealth.

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

SPINA, J.

The defendant was convicted by a jury of kidnapping, rape, and assault and battery.1 In a memorandum and order pursuant to its rule 1:28, the Appeals Court reversed the defendant's convictions on all charges, holding that the testimony of the victim's mother and the sexual assault nurse examiner (SANE) constituted improper first complaint testimony that created a substantial risk of a miscarriage of justice. Commonwealth<...

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