Commonwealth v. Giordano

Macdonald, D. Lloyd, J.

Before the Court is the defendant’s motion to dismiss. It is brought, pursuant to Commonwealth v. McCarthy, 385 Mass. 160 (1982), and it challenges the sufficiency of the evidence before the grand juiy as to those counts of the indictment that allege larceny. For the reasons stated below, the Court ALLOWS the motion.

Evidence Presented to the Grand Juiy

The defendant, an attorney, was a member of a partnership that was formed in 2002 with two other attorneys. The defendant primarily managed the firm’s finances, and he distributed compensation checks to the other partners.…