COMMONWEALTH v. DELACRUZ

SJC-10682.

463 Mass. 504 (2012)

COMMONWEALTH v. JOSE DELACRUZ.

Supreme Judicial Court of Massachusetts, Suffolk.

October 11, 2012.


Attorney(s) appearing for the Case

Charles K. Stephenson for the defendant.

Kris C. Foster , Assistant District Attorney ( Amy J. Galatis , Assistant District Attorney, with her) for the Commonwealth.

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


IRELAND, C.J.

On May 19, 2009, a jury convicted the defendant, Jose Delacruz, of murder in the first degree on the theories of deliberate premeditation and extreme atrocity or cruelty, and of possession of a firearm without a license, in violation of G. L. c. 269, § 10 (a). Represented by new counsel on appeal, the defendant argues (1) that he was deprived of his counsel of choice resulting in a violation of the Sixth Amendment to the United States Constitution...

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