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COMMONWEALTH v. BENITEZ

SJC-10773

464 Mass. 686 (2013)

COMMONWEALTH v. JOSE BENITEZ.

Supreme Judicial Court of Massachusetts, Middlesex.

March 18, 2013.

Attorney(s) appearing for the Case

Jeffrey L. Baler for the defendant.

Robert J. Bender , Assistant District Attorney ( Elizabeth Dunigan , Assistant District Attorney, with him) for the Commonwealth.

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

BOTSFORD, J.

In 2008, the defendant, with his codefendant, William Santos,2 was tried by a jury in the Superior Court on charges of felony-murder in the first degree and armed robbery. The jury found the defendant and Santos guilty of both crimes. The defendant appeals from his convictions. His principal claims are that the evidence of his participation in a joint venture with Santos to rob the victim was insufficient to support his convictions...

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