LYNCH, J.
In this case, we address whether Willie R. Latimore (defendant) may be awarded attorney's fees and costs of appeal after a single justice, under G.L.c. 278, § 33E (1992 ed.), has denied the Commonwealth's application for leave to appeal from a Superior Court judge's order allowing the defendant's motion for a new trial. After denying the Commonwealth's application for leave to appeal, the single justice also denied the defendant's request for attorney...
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