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Appeals court weighs sufficiency of facts and plea colloquy in indecent-assault case

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Summary

In Commonwealth v. Gevorgian, defense counsel said the record lacks a factual basis for indecent assault and battery conviction (acts described as hugging, a cheek kiss, and rubbing), and argued the plea colloquy failed to advise the defendant of key constitutional warnings and immigration consequences; the Commonwealth defended the plea’s factual basis citing context, age and power disparity.

Boston — The appeals court on Tuesday heard argument over whether a guilty plea should be vacated in Commonwealth v. Gevorgian on grounds that the factual basis was inadequate and the plea colloquy defective.

Jennifer O’Brien, counsel for the defendant, told the court that the conduct described in the prosecutor’s proffer — rubbing hands and back, an attempted kiss and a kiss on the cheek — falls short of the indecency element required for an indecent assault and battery conviction under…

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