Commonwealth v. Ramos-Cabrera
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The Supreme Judicial Court affirmed Defendant's convictions of distribution of a class A controlled substance and committing the crime within one hundred feet of a public park, holding that Defendant's arguments on appeal were unavailing.
Defendant appealed from the denial of his motion for a required finding of not guilty, claiming, among other things, that there was insufficient evidence proving that the area was a public park within the meaning of Mass. Gen. Laws ch. 94C, 32J. The Supreme Judicial Court affirmed, holding (1) the evidence presented was sufficient for the jury to find that the park at issue was a park within the meaning of section 32J; and (2) although the judge's instructions did not include a definition of a "public park," the instructions did not result in a substantial risk of a miscarriage of justice.
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