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COMMONWEALTH v. MOTTOLA

10 Mass. App. Ct. 775 (1980)

412 N.E.2d 1281

COMMONWEALTH vs. BENIGNO S. MOTTOLA.

Appeals Court of Massachusetts, Suffolk.

December 9, 1980.

Attorney(s) appearing for the Case

Frank Mondano, Assistant District Attorney (Matthew L. McGrath, III, Legal Assistant to the District Attorney, with him) for the Commonwealth.

Robert E. Shamon (Ronald J. Itri with him) for the defendant.

Present: BROWN, DREBEN, & KASS, JJ.

DREBEN, J.

This is an interlocutory appeal by the Commonwealth (see G.L.c. 278, § 28E, and Mass.R.Crim.P. 15(a)(2), 378 Mass. 882 [1979]) from a ruling allowing the defendant's motion to suppress a gun seized from the defendant by a police officer of the Massachusetts Bay Transportation Authority (MBTA). The defendant was charged with carrying a gun without a license (G.L.c. 269, § 10[a]) and with "accosting or annoying" a person of the opposite sex...

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