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COMMONWEALTH v. McGILLIVARY

No. 09-P-507.

78 Mass. App. Ct. 644 (2011)

COMMONWEALTH v. ROBERT S. McGILLIVARY.

Appeals Court of Massachusetts, Essex.

January 25, 2011.

Attorney(s) appearing for the Case

James P. McKenna for the defendant.

Ronald DeRosa, Assistant District Attorney, for the Commonwealth.

Present: McHUGH, KATZMANN, & VUONO, JJ.

KATZMANN, J.

The defendant Robert McGillivary appeals from a conviction by a Superior Court jury of operating a motor vehicle under the influence of intoxicating liquor (OUI), fourth offense, in violation of G. L. c. 90, § 24(1)(a)(1).1 His principal issue focuses on the meaning of "operation" under that statute. We affirm.

1. Operation of the motor vehicle. A. Operation as matter of law. At trial, the...

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