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COMMONWEALTH v. RUBIO

No. 88-P-914.

27 Mass. App. Ct. 506 (1989)

540 N.E.2d 189

COMMONWEALTH vs. JOSE N. RUBIO.

Appeals Court of Massachusetts, Essex.

June 28, 1989.

Attorney(s) appearing for the Case

Murray Kohn for the defendant.

David Grossbaum, Assistant District Attorney, for the Commonwealth.

Present: GREANEY, C.J., DREBEN, & WARNER, JJ.

GREANEY, C.J.

A jury in the Superior Court found the defendant guilty of trafficking in cocaine. We conclude that a statement of the defendant, admitted in evidence at the trial over objection, was obtained by the police in violation of the defendant's rights under Miranda v. Arizona, 384 U.S. 436 (1966). Consequently, there must be a new trial. The admissibility of a second statement will need to be decided at a voir...

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