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Commonwealth v. Cotto

52 Mass. App. Ct. 225, 752 N.E.2d 768 (2001)

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Commonwealth v. Cotto

Massachusetts Appeals Court
52 Mass. App. Ct. 225, 752 N.E.2d 768 (2001)

Facts

Francisco Martinez was allegedly shot by Garribel Bautista. Bautista was later found beaten and stabbed in an apparent retaliation. William Cotto (defendant), Bautista’s brother, then sought revenge. Cotto and two others drove to Martinez’s apartment. A window was broken, and a gasoline-filled bottle was thrown into the apartment. A fire ensued, causing serious damage. Cotto was convicted of burglary—more specifically, breaking and entering with intent to commit murder. Cotto appealed. The Massachusetts Appeals Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Kantrowitz, J.)

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