Opinion
No. 95-P-815.
June 27, 1996.
The judgment on the count charging possession of heroin with intent to distribute is vacated, the verdict is reduced to guilty of the lesser included offense of possession of heroin, and the defendant is to be brought forthwith to the Boston Municipal Court where he shall be resentenced on the lesser included offense. The judgment on the count charging the defendant with possession of heroin with intent to distribute within 1,000 feet of a school zone is reversed, the verdict is set aside, and the charge is dismissed.