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COMMONWEALTH v. GEORGE

406 Mass. 635 (1990)

550 N.E.2d 138

COMMONWEALTH vs. MICHAEL S. GEORGE.

Supreme Judicial Court of Massachusetts, Plymouth.

February 14, 1990.

Attorney(s) appearing for the Case

Robert S. Creedon, Jr. (Thomas G. Rrophy with him) for the defendant.

James S. Murphy, Assistant District Attorney (Mary O'Sullivan Smith, Assistant District Attorney, with him) for the Commonwealth.

Present: LIACOS, C.J., WILKINS, ABRAMS, O'CONNOR, & GREANEY, JJ.

ABRAMS, J.

The defendant appeals from a conviction for operating a motor vehicle while under the influence of intoxicating liquor. See G.L.c. 90, § 24 (1) (a) (1) (1988 ed.).1 The operation of "a motor vehicle while under the influence of intoxicating liquor" is punishable as a crime only if it occurs "upon any way or in any place to which the public has a right of access, or upon any way...

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