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COMMONWEALTH v. HARBEY

24 Mass. App. Ct. 326 (1987)

508 N.E.2d 874

COMMONWEALTH vs. JOSEPH L. HARBEY.

Appeals Court of Massachusetts, Hampden.

June 2, 1987.

Attorney(s) appearing for the Case

Henry Downey, Assistant District Attorney, for the Commonwealth.

Anne Rideout for the defendant.

Present: BROWN, QUIRICO, & KASS, JJ.

BROWN, J.

The Commonwealth appeals from an order allowing the defendant's motion to suppress a statement he made to the police. The motion judge made extensive and detailed findings which we must accept absent clear error. See Commonwealth v. Gil, 393 Mass. 204, 211-212 (1984). Our appellate function, however, requires us to "make our own independent determination on the correctness of the judge's `application of constitutional...

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