# Commonwealth v. Settipane

> Massachusetts Appeals Court · October 24, 1977 · 5 Mass. App. Ct. 648

URL: https://www.frixlaw.com/law-library/cases/9743083

## Case

- **Full name:** Commonwealth vs. William Settipane
- **Court:** Massachusetts Appeals Court
- **Decided:** October 24, 1977
- **Citations:** 5 Mass. App. Ct. 648; 368 N.E.2d 1213; 1977 Mass. App. LEXIS 691
- **Precedential status:** Published
- **Opinion:** Concurrence by Brown
- **Judges:** Hale, Armstrong, Brown
- **Cited by:** 22 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9743083

## Opinion text

Brown, J.
(concurring). If there was error in the admission of the affidavits (see Commonwealth v. Franks, supra, and Commonwealth v. LeBlanc, supra), it was harmless beyond a reasonable doubt. Chapman v. California, 386 U. S. 18 (1967). The magnitude of the defendant’s alleged criminal activity was perfectly obvious from the evidence properly admitted at trial. Moreover, as the majority points out quite clearly, the defendant made no effort to rebut or contest the information contained in the affidavits.
And there is nothing in the record which even vaguely suggests that the judge acted vindictively or with a retaliatory motivation in imposing sentence, I agree that the judgments should be affirmed, albeit without enthusiasm.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9743083. Public record. Not legal advice.