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COMMONWEALTH v. BASTALDO

SJC-11763.

472 Mass. 16 (2015)

COMMONWEALTH v. ELVIN BASTALDO.

Supreme Judicial Court of Massachusetts, Hampden.

June 25, 2015.

Attorney(s) appearing for the Case

Patrick Levin, Committee for Public Counsel Services, for the defendant.

Bethany C. Lynch, Assistant District Attorney, for the Commonwealth.

Karen A. Newirth, of New York, & Sarah L. Leddy, for The Innocence Project, Inc., amicus curiae, submitted a brief.

Jessica LaClair, for Juan Bastaldo, amicus curiae, submitted a brief.

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

In the parking lot of a night club in Springfield, the defendant, Elvin Bastaldo, punched the victim, Juan Benito, several times in the face using brass knuckles, blinding him in one eye, while the victim was standing near a police officer who was arresting the defendant's brother, Juan Bastaldo (Juan).1...

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