COMMONWEALTH v. ORTIZ


376 Mass. 349 (1978)

380 N.E.2d 669

COMMONWEALTH vs. GERALDO RIVERA ORTIZ.

Supreme Judicial Court of Massachusetts, Suffolk.

September 12, 1978.


Attorney(s) appearing for the Case

Brian J. Dobie, Special Assistant District Attorney, for the Commonwealth.

Gary A. Blau for the defendant.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, LIACOS, & ABRAMS, JJ.


LIACOS, J.

The defendant, having been indicted for possession of heroin with intent to distribute, filed a pretrial motion to suppress evidence seized as a result of a warrantless search of an automobile. After hearing, a judge of the Superior Court allowed the defendant's motion in part and denied it in part. Both the Commonwealth and the defendant applied for a claim of appeal under G.L.c. 278, § 28E. A single justice...

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