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COMMONWEALTH v. FIGUEROA

No. 10-P-811.

79 Mass. App. Ct. 389 (2011)

COMMONWEALTH, v. Luis A. FIGUEROA.

Appeals Court of Massachusetts, Worcester.

April 29, 2011.

Attorney(s) appearing for the Case

Melissa P. White Ellis for the defendant.

Donna-Marie Haran , Assistant District Attorney, for the Commonwealth.

Present: CYPHER, TRAINOR, & MEADE, JJ.

MEADE, J.

After a jury trial, the defendant was convicted of indecent assault and battery on a person over fourteen years of age in violation of G. L. c. 265, § 13H.1 The victim, who was eighty-eight years old and suffering from dementia at the time of trial, did not testify. On appeal, the defendant claims that the trial judge erred by admitting in evidence the victim's pretrial statements as excited utterances, that the motion judge...

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