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COMMONWEALTH v. AYALA

No. 89-P-1155.

29 Mass. App. Ct. 592 (1990)

563 N.E.2d 249

COMMONWEALTH vs. EDUARDO AYALA.

Appeals Court of Massachusetts, Middlesex.

December 5, 1990.

Attorney(s) appearing for the Case

Kevin Connelly for the defendant.

Judith B. Stephenson, Special Assistant District Attorney (James W. Sahakian, Assistant District Attorney, with her) for the Commonwealth.

Present: WARNER, C.J., FINE, & GILLERMAN, JJ.

GILLERMAN, J.

At the conclusion of a voir dire held during trial, a Superior Court judge ruled that a State trooper would be allowed to testify to incriminating statements made by the defendant in response to a custodial interrogation. Because that conclusion was of "constitutional proportions," Commonwealth v. Moon, 380 Mass. 751, 756 (1980), we may substitute our judgment for that of the trial judge, ibid.; Commonwealth...

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