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COMMONWEALTH v. CAREY

No. 09-P-1832.

79 Mass. App. Ct. 587 (2011)

COMMONWEALTH v. JOHN CAREY.

Appeals Court of Massachusetts, Essex.

May 26, 2011.

Attorney(s) appearing for the Case

James L. Sultan for the defendant.

Kenneth E. Steinfield , Assistant District Attorney, for the Commonwealth.

Present: MILLS, GRAINGER, & FECTEAU, JJ.

FECTEAU, J.

The defendant, John Carey, appeals from his convictions of armed home invasion, assault and battery (two of three counts), and attempting to murder the victim by strangulation.1 He contends, pursuant to the holding of Lawrence v. Texas, 539 U.S. 558 (2003), that the judge committed constitutional error by refusing to provide an...

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