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COMMONWEALTH v. BELMER

No. 09-P-1778.

78 Mass. App. Ct. 62 (2010)

COMMONWEALTH v. DEQUAN BELMER.

Appeals Court of Massachusetts, Suffolk.

October 14, 2010.

Attorney(s) appearing for the Case

James P. Vander Salm for the defendant.

Paul B. Linn, Assistant District Attorney (Lauren E. Greene, Assistant District Attorney, with him) for the Commonwealth.

Present: COHEN, GRAINGER, & MEADE, JJ.

MEADE, J.

After a jury-waived trial, the defendant was convicted of assault and battery in violation of G. L. c. 265, § 13A. On appeal, the defendant claims that the trial judge improperly extended the rule of Commonwealth v. Daye, 393 Mass. 55 (1984), to permit an affidavit in support of a G. L. c. 209A abuse prevention order to be used as substantive evidence...

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