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Decision  Commonwealth v. Lee

Date: 01/10/2018
Organization: Appeals Court
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Commonwealth v. Lee

Commonwealth v. Rachel Lee
Appeals Court, January 10, 2018 – UNPUBLISHED*
(Evidence/Horizontal Gaze Nystagmus)

At trial, an arresting officer’s testimony about his observation of the defendant's physical performance and mental acuity during the performance of the horizontal gaze nystagmus standardized field sobriety test, without any mention of horizontal gaze nystagmus or involuntary eye movement, is proper.

“Accordingly, where the judge limited the testimony to admissible evidence pertaining to the defendant's motor skills and mental acuity, we see no error of law or abuse of discretion.” See Commonwealth v. Sands, 424 Mass. 184 (1997).

 *Unpublished decisions may be cited as persuasive authority.

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