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COMMONWEALTH v. GREGORY

401 Mass. 437 (1988)

517 N.E.2d 454

COMMONWEALTH vs. DARYL GREGORY (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

January 7, 1988.

Attorney(s) appearing for the Case

Randolph Gioia for Daryl Gregory.

Monroe L. Inker (Ann Wagner with him) for Kenneth L. Spinkston.

Philip T. Beauchesne, Assistant District Attorney (Judy G. Zeprun with him) for the Commonwealth.

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

O'CONNOR, J.

After a jury trial, the defendants Gregory and Spinkston were convicted of murder in the first degree and were sentenced to life in prison. They appealed to this court from those convictions. Also, Spinkston moved in the trial court for postconviction relief and, after the trial judge denied that motion without a hearing, Spinkston moved for reconsideration. The judge denied that motion without a hearing as well. Spinkston appealed from the denial of...

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