COMMONWEALTH v. FITZGERALD

No. 11-P-891.

82 Mass. App. Ct. 1103 (2012)

COMMONWEALTH v. DERRICK FITZGERALD.

Appeals Court of Massachusetts.

June 22, 2012.


Decision Pursuant to Rule 1:28.

The order denying the motion for new trial with respect to the admission to sufficient facts on the count of assault and battery by means of a dangerous weapon is reversed. The matter is remanded for further proceedings consistent with the memorandum and order of the Appeals Court. The order denying the motion for new trial is affirmed without prejudice to the defendant's right to resubmit the issue of the validity of his admission...

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