Commonwealth v. Sullivan
Annotate this CaseAfter a jury trial, Defendant was convicted of attempted kidnapping and of accosting or annoying a person of the opposite sex. The Appeals Court reversed the judgment on the indictment charging accosting or annoying a person of the opposite sex, concluding that because the Commonwealth failed to demonstrate that Defendant’s conduct involved “sexually explicit language or acts,” the Commonwealth did not meet its burden of proving that Defendant’s conduct was “offensive.” The Supreme Judicial affirmed the judgment of conviction on the indictment charging accosting or annoying a person of the opposite sex, holding (1) the jury properly could have found the elements of accosting or annoying a person of the opposite sex beyond a reasonable doubt; and (2) Defendant’s counsel provided effective assistance pertaining to his conviction of accosting or annoying a person of the opposite sex.
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