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Judge Admits Error, Stays Firefighter’s Sentence

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DEDHAM (AP) – A judge has stayed a retired Quincy firefighter’s one-year prison sentence after admitting he wrongly convicted him of leaving the scene of a fatal accident.

Superior Court Judge Kenneth Fishman ordered the stay Thursday so the defense could file a motion to toss out his verdict.

Paul Daley was accused of striking Paul Moore with his car in Quincy last Christmas Eve and leaving him in a snowbank. Daley said he never saw Moore, but stopped to check after he thought he hit something.

Fishman acquitted Daley of motor vehicle homicide. The judge said he wrongly believed he was justified in finding Daley guilty of leaving the scene if prosecutors showed he hit something and ignored it. The defense argued prosecutors had to show Daley knew he’d hit a person.

(Copyright 2010 by The Associated Press.  All Rights Reserved.)

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