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COMMONWEALTH v. SANTOSUOSSO

23 Mass. App. Ct. 310 (1986)

501 N.E.2d 1186

COMMONWEALTH vs. PAUL J. SANTOSUOSSO.

Appeals Court of Massachusetts, Plymouth.

December 31, 1986.

Attorney(s) appearing for the Case

Charles S. Kelly for the defendant.

John P. Corbett, Assistant District Attorney, for the Commonwealth.

Present: BROWN, DREBEN, & SMITH, JJ.

DREBEN, J.

A motion judge in a jury of six session rejected an affidavit in support of a motion to suppress and denied the motion "for failure to comply with [Mass.R.Crim.P.] 13(a) (2)." We think that, in the circumstances of this case, the affidavit of counsel which was presented to the judge in support of the motion served the purpose of the rule. Accordingly, we remand the matter to be decided on the merits.

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