899 N.E.2d 117

COMMONWEALTH v. DOMINGOS DEPINA.

No. 07-P-891.Appeals Court of Massachusetts.
January 8, 2009.

Decisions Pursuant to Rule 1:28.

The judgment on the count of assault and battery on a police officer is affirmed. The judgment on the count of assault and battery is vacated, the guilty verdict thereon is set aside, and the case is remanded

Page 1114

for further proceedings consistent with the memorandum and order of the Appeals Court.

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