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COMMONWEALTH v. BELMER

No. 09-P-1778.

78 Mass. App. Ct. 62 (2010)

COMMONWEALTH v. DEQUAN BELMER.

Appeals Court of Massachusetts, Suffolk.

October 14, 2010.

Attorney(s) appearing for the Case

James P. Vander Salm for the defendant.

Paul B. Linn , Assistant District Attorney ( Lauren E. Greene , Assistant District Attorney, with him) for the Commonwealth.

Present: COHEN, GRAINGER, & MEADE, JJ.

MEADE, J.

After a jury-waived trial, the defendant was convicted of assault and battery in violation of G. L. c. 265, § 13A. On appeal, the defendant claims that the trial judge improperly extended the rule of Commonwealth v. Daye, 393 Mass. 55 (1984), to permit an affidavit in support of a G. L. c. 209A abuse prevention order to be used as substantive evidence...

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