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COMMONWEALTH v. DEROSIA

402 Mass. 284 (1988)

522 N.E.2d 408

COMMONWEALTH vs. LEO A. DEROSIA.

Supreme Judicial Court of Massachusetts, Worcester.

May 4, 1988.

Attorney(s) appearing for the Case

Katherine E. McMahon, Assistant District Attorney, for the Commonwealth.

Peter K. Binder for the defendant.

Present: HENNESSEY, C.J., LIACOS, ABRAMS, NOLAN, & LYNCH, JJ.

NOLAN, J.

As a result of a search and a seizure of a firearm from his person on January 5, 1986, the defendant was found guilty at a bench trial of unlawfully carrying a firearm. He appealed to the jury session and, before trial, he filed a motion to suppress the firearm. The judge allowed the motion. The Commonwealth appealed and a single justice of this court allowed the Commonwealth's application for interlocutory appeal. We affirm.

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