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COMMONWEALTH v. LEE

SJC-10750.

460 Mass. 64 (2011)

COMMONWEALTH v. JOSEPH LEE.

Supreme Judicial Court of Massachusetts, Suffolk.

June 17, 2011.

Attorney(s) appearing for the Case

Joanne T. Petito for the defendant.

Zachary Hillman , Assistant District Attorney, for the Commonwealth.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, & DUFFLY, JJ.

DUFFLY, J.

Based on events that transpired after the defendant and a companion pushed their way into an apartment where a dinner party was in progress, the defendant was charged with several offenses in the South Boston Division of the Boston Municipal Court Department. Following a jury-waived trial, the defendant was convicted on a joint venture theory of breaking and entering in the nighttime with intent to commit a felony,

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