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COMMONWEALTH v. DESIDERIO

SJC-13338.

491 Mass. 809 (2023)

COMMONWEALTH v. NICHOLAS DESIDERIO.

Supreme Judicial Court of Massachusetts.

May 4, 2023.

Attorney(s) appearing for the Case

MarySita Miles for the defendant.

Nathaniel R. Beaudoin , Assistant District Attorney, for the Commonwealth.

Present: Budd, C.J., Gaziano, Lowy, Cypher, Kafker, Wendlandt, & Georges, JJ.

A jury in the Superior Court convicted the defendant, Nicholas Desiderio, of one count of armed home invasion and three counts of armed robbery while masked. The indictments were based on a theory of joint venture. The jury, however, were not instructed that, to convict the defendant of those...

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