Commonwealth v. Mele

The Commonwealth argues that Duquette, at 846, permits the procedure at the first tier to be more informal because “the defendant can still appeal to the jury of six session and obtain a trial de novo.” If, however, as here, *959the defendant does not claim such an appeal, the proceedings have “the finality normally associated with second tier proceedings.” Id. at 847.

In situations where the proceedings are made final, both the Supreme Judicial Court and this court have required the colloquy prescribed by Duquette for use at the second tier in District Courts. Thus, according to Duquette, the…