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COMMONWEALTH v. FONTAINE

No. 89-P-980.

28 Mass. App. Ct. 575 (1990)

553 N.E.2d 954

COMMONWEALTH vs. LAURENCE E. FONTAINE.

Appeals Court of Massachusetts, Worcester.

May 11, 1990.

Attorney(s) appearing for the Case

Richard J. White for the defendant.

Sean J. Gallagher, Assistant District Attorney, for the Commonwealth.

Present: PERRETTA, CUTTER, & SMITH, JJ.

SMITH, J.

On September 10, 1986, officers of the Lancaster police department executed a search warrant at the defendant's home. The warrant was issued on the basis of an affidavit signed by Sergeant Kevin Lamb of that department. The affidavit stated, in relevant portions, the following:

"On September 9, 1986, at approximately 5:00 p.m., I received information from Robert J. Frommer of 1368 North Main Street, Lancaster, MA, that Laurence E.

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