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COMMONWEALTH v. GAGNON

387 Mass. 768 (1982)

443 N.E.2d 407

COMMONWEALTH vs. NORMAN GAGNON (and two companion cases).

Supreme Judicial Court of Massachusetts, Essex.

December 23, 1982.

Attorney(s) appearing for the Case

Dyanne Klein Polatin, Assistant District Attorney, for the Commonwealth, submitted a memorandum.

Jerome A. Segal & Michael Edward Casey, for the defendant Philip C. Chouinard, submitted a memorandum.

Bruce Miller, for the defendant Norman Gagnon, submitted a memorandum.

Present: HENNESSEY, C.J., LIACOS, ABRAMS, NOLAN, & O'CONNOR, JJ.

NOLAN, J.

After the Commonwealth filed its petition for rehearing, following the court's opinion reported ante 567 (1982), the court invited the defendants to submit a brief or a letter on the sole issue whether the defendants may be resentenced under G.L.c. 94C, § 34, which punishes, inter alia, possession of heroin. The court has treated the letters from the district attorney and the Attorney General in support...

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