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COMMONWEALTH v. NEE

No. 11-P-1952.

83 Mass. App. Ct. 441 (2013)

COMMONWEALTH v. MATTHEW NEE.

Appeals Court of Massachusetts, Suffolk.

March 19, 2013.

Attorney(s) appearing for the Case

Madeline Weaver Blanchette for the defendant.

Allison Callahan, Assistant District Attorney, for the Commonwealth.

Present: GRASSO, BROWN, & GREEN, JJ.

GRASSO, J.

A jury found the defendant guilty of affray, a common-law crime of ancient vintage not previously examined in our appellate jurisprudence.1 On appeal from his conviction,2 the defendant argues (1) the proof was insufficient, (2) the jury instruction was erroneous, (3) the prosecutor's closing argument was improper, (4) defense counsel rendered constitutionally ineffective assistance, and (5) the...

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