COMMONWEALTH v. PERELLA

No. SJC-11083.

464 Mass. 274 (2013)

COMMONWEALTH v. JOSEPH PERELLA.

Supreme Judicial Court of Massachusetts, Norfolk.

February 1, 2013.


Attorney(s) appearing for the Case

Gregory P. Connor , Assistant District Attorney, for the Commonwealth.

Patrick M. Troy ( Dennis M. Toomey with him) for the defendant.

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


DUFFLY, J.

On January 19, 2010, a criminal complaint was filed in the District Court charging the defendant with the commission of an armed robbery that took place on January 20, 2000. On May 12, 2010, more than ten years after the date of the armed robbery, a grand jury returned an indictment against the defendant for that offense. A judge of the Superior Court allowed the defendant's motion to dismiss on the ground that the case was not properly initiated by indictment...

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