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COMMONWEALTH vs. WAYNE MARTORANO.

The order denying the motion for a new trial is vacated and the case is remanded to the Superior Court judge who presided over the trial and ruled on the motion for a new trial. He shall consider the claim of ineffective assistance of counsel. If he should exercise his discretion to consider any of the remaining issues raised in the motion, he shall proceed to do so. If he should exercise his discretion not to consider any or all of them, he shall so state.

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COMMONWEALTH v. MARTORANO
(Mar 2, 1992)