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Appeals Court hears challenge in driving-while-intoxicated operation question in Commonwealth v. Connolly; case under advisement
Summary
A three-justice Appeals Court panel heard argument in Commonwealth v. Donald J. Connolly (docket 24P1367) about whether trial evidence proved the element of "operation" for an intoxicated-driving offense; the court reserved decision.
The Appeals Court panel heard argument in Commonwealth v. Donald J. Connolly, docket 24P1367, on whether the evidence at trial was sufficient to support conviction for operating a motor vehicle while intoxicated. Defense counsel (identified in the transcript as Attorney Padilano/Padilano) argued the evidence did not prove Connolly was in the driver's seat or that he intentionally operated the vehicle; Assistant District Attorney Matthew Palano argued the car was turned on, the defendant was in the vehicle, and intoxication had been stipulated at trial. After argument the panel took the case under advisement.
The legal focus was the…
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