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COMMONWEALTH v. COLON

No. 91-P-604.

33 Mass. App. Ct. 304 (1992)

598 N.E.2d 1143

COMMONWEALTH vs. MARTIN A. COLON.

Appeals Court of Massachusetts, Middlesex.

September 17, 1992.

Attorney(s) appearing for the Case

Richard Abbott for the defendant.

David R. Marks, Assistant District Attorney, for the Commonwealth.

Present: KASS, PORADA, & LAURENCE, JJ.

KASS, J.

1. Entrapment. On August 10, 1989, and again on September 21, 1989, the defendant Colon sold three ounces of cocaine (more precisely, the first sale weighed 73.7 grams, and the second sale weighed 83.8 grams) to a Federal drug enforcement agent. Colon was charged with two counts of trafficking in more than twenty-eight grams of cocaine.1 He elected to be tried without a jury and was found guilty on

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