COMMONWEALTH v. VALDEZ


402 Mass. 65 (1988)

521 N.E.2d 381

COMMONWEALTH vs. DANIEL VALDEZ.

Supreme Judicial Court of Massachusetts, Essex.

April 4, 1988.


Attorney(s) appearing for the Case

Robert J. Bender, Assistant District Attorney (Brian T. O'Keefe, Assistant District Attorney, with him) for the Commonwealth.

John F. Tierney for the defendant.

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


HENNESSEY, C.J.

The Commonwealth, pursuant to Mass. R. Crim. P. 15 (b), as amended, 397 Mass. 1225 (1986), sought leave before a single justice of this court to appeal a Superior Court judge's allowance of a motion to suppress evidence. The single justice granted the request and referred the matter to the full court. We agree with the Commonwealth that the Superior Court judge erred in suppressing the evidence.

The...

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