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COMMONWEALTH v. QUINN

439 Mass. 492 (2003)

COMMONWEALTH v. PATRICK QUINN.

Supreme Judicial Court of Massachusetts, Suffolk.

May 30, 2003.

Attorney(s) appearing for the Case

Jack I. Zalkind for the defendant.

Christopher Pohl, Assistant District Attorney (Joseph M. Ditkoff, Assistant District Attorney, with him) for the Commonwealth.

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

MARSHALL, C.J.

In April, 2001, the defendant, Patrick Quinn, was charged in the West Roxbury Division of the District Court Department with "open and gross lewdness" in violation of G. L. c. 272, § 16.1 After denying the defendant's motion to dismiss,2 the judge reported two questions of law to the Appeals Court pursuant to Mass. R. Crim. P. 34, 378 Mass. 905...

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