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COMMONWEALTH v. LEE

Nos. 90-P-175 & 90-P-1046.

32 Mass. App. Ct. 85 (1992)

585 N.E.2d 759

COMMONWEALTH vs. JIM LEE, JR.

Appeals Court of Massachusetts, Suffolk.

February 10, 1992.

Attorney(s) appearing for the Case

Charles W. Rankin for the defendant.

Marina Medvedev, Assistant District Attorney, for the Commonwealth.

Present: DREBEN, FINE, & GILLERMAN, JJ.

FINE, J.

After a jury-waived trial in the Superior Court, the defendant was convicted of trafficking in cocaine. His trial counsel did not file a motion to suppress evidence obtained by the police as a result of a warrantless entry into a private basement area in his supermarket. Unquestionably, the evidence obtained as a result of the entry had a significant influence on the verdict, and it is unlikely that any strategic considerations prevented counsel from moving...

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