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COMMONWEALTH v. McINTYRE

436 Mass. 829 (2002)

COMMONWEALTH v. SCOTT K. McINTYRE.

Supreme Judicial Court of Massachusetts, Norfolk.

May 15, 2002.

Attorney(s) appearing for the Case

Peter M. Onek, Committee for Public Counsel Services, for the defendant.

Varsha Kukafka, Assistant District Attorney, for the Commonwealth.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

IRELAND, J.

This case raises a question of first impression: Whether an award of restitution that takes account of property damage as part of a criminal conviction of assault and battery by means of a dangerous weapon, in the absence of a conviction of a crime based on property damage, exceeds the proper scope of a restitution order. We answer the question in the negative and uphold the judge's determination of the amount...

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