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COMMONWEALTH v. BENLIEN

No. 88-P-1003.

27 Mass. App. Ct. 834 (1989)

544 N.E.2d 865

COMMONWEALTH vs. JAMES E. BENLIEN.

Appeals Court of Massachusetts, Berkshire.

October 18, 1989.

Attorney(s) appearing for the Case

Nona E. Walker, Committee for Public Counsel Services, for the defendant.

Robert J. Carnes, Assistant District Attorney, for the Commonwealth.

Present: ARMSTRONG, KAPLAN, & DREBEN, JJ.

KAPLAN, J.

A "no knock" search warrant permitted a search for any controlled substances and related materials in premises at 59 Weller Avenue, Pittsfield, occupied by James Benlien. Search pursuant to the warrant uncovered quantities of cocaine and marihuana and characteristic paraphernalia, and, upon trial, jury-waived, of the ensuing indictments, Benlien was found guilty of possession of cocaine with intent to distribute and

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