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COMMONWEALTH v. SANDS

424 Mass. 184 (1997)

COMMONWEALTH v. PAUL J. SANDS.

Supreme Judicial Court of Massachusetts, Middlesex.

February 3, 1997.

Attorney(s) appearing for the Case

Barbra I. Black (Daniel K. Sherwood with her) for the defendant.

Stephen C. Hoctor, Assistant District Attorney, for the Commonwealth.

Present: WILKINS, C.J., ABRAMS, GREANEY, & FRIED, JJ.

ABRAMS, J.

A District Court jury of six convicted the defendant, Paul J. Sands, of driving an automobile while under the influence of alcohol. See G. L. c. 90, § 24 (1) (e). The defendant appealed alleging error in (1) the admission of the results of the Horizontal Gaze Nystagmus (HGN) sobriety field test and (2) the admission of a statement made by him during booking. We transferred the case to this court on our own motion. We reverse and order a new...

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