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COMMONWEALTH v. VENIOS

378 Mass. 24 (1979)

389 N.E.2d 395

COMMONWEALTH vs. LAMPROS VENIOS.

Supreme Judicial Court of Massachusetts, Suffolk.

May 4, 1979.

Attorney(s) appearing for the Case

Kenneth H. Tatarian for the defendant.

Timothy P. O'Neill, Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, KAPLAN, & WILKINS, JJ.

BRAUCHER, J.

We are to decide whether an in-court identification of the defendant should have been suppressed because a prior photographic identification was unnecessarily suggestive. The judge allowed the in-court identification, and the Appeals Court affirmed the defendant's conviction. Commonwealth v. Bernard, 6 Mass.App.Ct. 499 (1978). That court relied on Manson v. Brathwaite,

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