COMMONWEALTH v. RODRIGUEZ


17 Mass. App. Ct. 547 (1984)

460 N.E.2d 1292

COMMONWEALTH vs. DIEGO RODRIGUEZ.

Appeals Court of Massachusetts, Worcester.

March 5, 1984.


Attorney(s) appearing for the Case

Patricia A. O'Neill (Thomas J. Herbert with her) for the defendant.

Daniel F. Toomey, Assistant District Attorney, for the Commonwealth.

Present: HALE, C.J., GRANT, & ARMSTRONG, JJ.


HALE, C.J.

On December 12, 1978, two undercover Massachusetts State troopers, trailed by two Worcester police officers as backup, climbed the back stairs of a triple-decker to the apartment of the defendant, Diego Rodriguez, in order to execute a search warrant issued as a result of a prior sale of heroin to one of the undercover troopers. The facts with respect to the ensuing shootout are in dispute, but it is agreed that both troopers and the defendant received...

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