Commonwealth v. BogerAnnotate this Case
The Supreme Judicial Court vacated Defendant's conviction for committing the crime of distribution of cocaine within one hundred feet of a public park in connection with a sale of the controlled substance to an undercover officer, holding that the Commonwealth failed to prove that the area in question was a "public park" for purposes of Mass. Gen. Laws ch. 94C, 32J.
On appeal, Defendant argued that the Commonwealth provided insufficient evidence that the park at issue was public within the meaning of the statute. The Supreme Judicial Court agreed, holding that the section 32J conviction could not stand because there was no evidence that Defendant was within one hundred feet of an area owned or maintained by a governmental entity.