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COMMONWEALTH v. MARMOLEJOS

No. 92-P-185.

35 Mass. App. Ct. 1 (1993)

615 N.E.2d 949

COMMONWEALTH vs. GUARIONEX MARMOLEJOS.

Appeals Court of Massachusetts, Suffolk.

July 15, 1993.

Attorney(s) appearing for the Case

William Volk for the defendant.

Jane Woodbury, Assistant District Attorney, for the Commonwealth.

Present: BROWN, DREBEN, & FINE, JJ.

BROWN, J.

A Superior Court jury convicted the defendant upon an indictment charging trafficking in cocaine of a net weight of two hundred grams or more. See G.L.c. 94C, § 32E(b)(4). The narrow question presented on appeal is whether the trial judge properly refused to reconsider, pursuant to Mass. R.Crim.P. 13 (a)(5), 378 Mass. 872 (1979), the defendant's pretrial motion to suppress, which had been denied by another judge following an evidentiary hearing...

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