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COMMONWEALTH v. CLAUDIO

418 Mass. 103 (1994)

634 N.E.2d 902

COMMONWEALTH vs. PEDRO CLAUDIO, JR.

Supreme Judicial Court of Massachusetts, Essex.

June 14, 1994.

Attorney(s) appearing for the Case

M. Page Kelley, Committee for Public Counsel Services, for the defendant.

Robert J. Bender, Assistant District Attorney (David W. Duncan, Assistant District Attorney, with him) for the Commonwealth.

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

GREANEY, J.

A jury in the Superior Court convicted the defendant, Pedro Claudio, Jr., of breaking and entering a dwelling in the night time with intent to commit a felony and assaulting a person lawfully therein, see G.L.c. 266, § 14 (1992 ed.), and murder in the first degree by reason of felony-murder.1 The defendant is represented by new counsel on appeal. We reject his argument that an unlawful breaking and entering into a dwelling...

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