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Appeals Court Probes Whether Subsequent‑offender Proceeding Was a Plea or a Trial in Commonwealth v. Vincent
Summary
Counsel disputed whether the subsequent‑offender portion of Patrick Vincent’s case functioned as a trial or an inadequate plea colloquy and whether Brook Lane qualified as a public way; the panel pressed parties on preservation, docket entries, and Lattimore public‑way factors.
The Massachusetts Appeals Court took extended argument Dec. 11 in Commonwealth v. Vincent over two linked questions: whether Brook Lane is a 'public way' under settled tests, and whether the subsequent‑offender portion of the record amounted to an inadequately documented plea or a trial that the court may decide on the existing record.
Defense counsel Joseph Schneiderman focused his opening on the objective indicia of a public way, arguing Brook Lane lacked paving, municipal maintenance, and public amenities that…
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