Massachusetts Appeals Court April 6, 1981 (Commonwealth v. Lemay)

The defendant has appealed from the denial of his motion brought pursuant to Mass.R.Crim.P. 30, 378 Mass. 900 (1979), which, although labelled as one for a new trial, sought to vacate on the ground of illegality a sentence of not less than five years nor more than seven years in the Massachusetts Correctional Institution at Walpole.