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COMMONWEALTH v. TAVARES

No. 10-P-2239.

81 Mass. App. Ct. 71 (2011)

COMMONWEALTH v. DARRYL TAVARES.

Appeals Court of Massachusetts, Suffolk.

December 29, 2011.

Attorney(s) appearing for the Case

David M. Skeels, Committee for Public Counsel Services, for the defendant.

Macy Lee, Assistant District Attorney ( Melissa Brooks, Assistant District Attorney, with her) for the Commonwealth.

Present: BERRY, BROWN, & GRAINGER, JJ.

GRAINGER, J.

This appeal stems from the defendant's convictions of firearm-related offenses. The defendant argues that the trial judge erred in declining to give the DiGiambattista1 instruction related to unrecorded police interrogations, in interrupting defense counsel's closing, and in admitting certain testimony. For the reasons detailed below, we reverse.

Background. We recite the facts as the jury could have...

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