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COMMONWEALTH v. NANNY

SJC-10994.

462 Mass. 798 (2012)

COMMONWEALTH v. JUNIOR NANNY.

Supreme Judicial Court of Massachusetts, Suffolk.

July 16, 2012.

Attorney(s) appearing for the Case

Kris C. Foster, Assistant District Attorney (Brooke C. Watson, Assistant District Attorney, with her) for the Commonwealth.

William S. Smith for the defendant.

Rebecca A. Jacobstein, for Martin Carr, amicus curiae, submitted a brief.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

IRELAND, C.J.

We granted the Commonwealth's application for direct appellate review to determine whether a transfer hearing pursuant to G. L. c. 119, § 72A (§ 72A), must be held before the Commonwealth may seek an indictment pursuant to G. L. c. 119, § 54 (§ 54), against a defendant who is alleged to have committed offenses when he was between fourteen and seventeen years of age, but was not apprehended...

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