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COMMONWEALTH v. CULLITY

No. SJC-11728.

470 Mass. 1022 (2015)

COMMONWEALTH v. TIMOTHY CULLITY.

Supreme Judicial Court of Massachusetts.

February 24, 2015.

Attorney(s) appearing for the Case

Dara Z. Kesselheim , Assistant District Attorney, for the Commonwealth.

Jin-Ho King for the defendant.

RESCRIPT

After a jury-waived trial in the District Court, Timothy Cullity was convicted of possession of a class B substance, namely, "PCP." A panel of the Appeals Court concluded that the evidence at trial was insufficient to establish constructive possession and, in an unpublished decision pursuant to its rule 1:28, reversed and directed the entry of judgment for Cullity.1 Commonwealth v. Cullity,

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