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COMMONWEALTH v. McGILLIVARY

No. 09-P-507.

78 Mass. App. Ct. 644 (2011)

COMMONWEALTH v. ROBERT S. McGILLIVARY.

Appeals Court of Massachusetts, Essex.

January 25, 2011.

Attorney(s) appearing for the Case

James P. McKenna for the defendant.

Ronald DeRosa , Assistant District Attorney, for the Commonwealth.

Present: McHUGH, KATZMANN, & VUONO, JJ.

KATZMANN, J.

The defendant Robert McGillivary appeals from a conviction by a Superior Court jury of operating a motor vehicle under the influence of intoxicating liquor (OUI), fourth offense, in violation of G. L. c. 90, § 24(1)(a)(1).1 His principal issue focuses on the meaning of "operation" under that statute. We affirm.

1. Operation of the motor vehicle. A. Operation as matter of law. At trial, the...

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