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COMMONWEALTH v. DESIDERIO

SJC-13338.

491 Mass. 809 (2023)

COMMONWEALTH v. NICHOLAS DESIDERIO.

Supreme Judicial Court of Massachusetts.

May 4, 2023.

Attorney(s) appearing for the Case

MarySita Miles for the defendant.

Nathaniel R. Beaudoin, Assistant District Attorney, for the Commonwealth.

Present: Budd, C.J., Gaziano, Lowy, Cypher, Kafker, Wendlandt, & Georges, JJ.

A jury in the Superior Court convicted the defendant, Nicholas Desiderio, of one count of armed home invasion and three counts of armed robbery while masked. The indictments were based on a theory of joint venture. The jury, however, were not instructed that, to convict the defendant of those...

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