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COMMONWEALTH v. MONTANINO

409 Mass. 500 (1991)

567 N.E.2d 1212

COMMONWEALTH vs. JOSEPH MONTANINO.

Supreme Judicial Court of Massachusetts, Middlesex.

March 11, 1991.

Attorney(s) appearing for the Case

Henry P. Sorett for the defendant.

Catherine E. Sullivan, Assistant District Attorney, for the Commonwealth.

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

LIACOS, C.J.

On April 3, 1987, a Middlesex County jury found the defendant, Joseph Montanino, guilty on two indictments charging unnatural sexual intercourse with a fifteen year old male youth. The Appeals Court affirmed the convictions. Commonwealth v. Montanino, 28 Mass.App.Ct. 516 (1990). We granted the defendant's application for further appellate review. For the reasons stated below, we reverse.

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