COMMONWEALTH v. CINCOTTA


379 Mass. 391 (1979)

398 N.E.2d 478

COMMONWEALTH vs. ALBERT J. CINCOTTA.

Supreme Judicial Court of Massachusetts, Norfolk.

December 19, 1979.


Attorney(s) appearing for the Case

P.J. Piscitelli for the defendant.

Charles J. Hely, Assistant District Attorney, for the Commonwealth.

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


KAPLAN, J.

The defendant Cincotta, indicted for armed robbery with "features artificially distorted" (G.L.c. 265, § 17), moved before trial to suppress testimony that might be given by two women who were present at the robbery and observed the defendant there, and subsequently made photographic and in-person identifications of the defendant. After a hearing at which these women and a police detective testified in detail, a judge of the Superior Court made findings...

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