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COMMONWEALTH v. ALLAIN

No. 93-P-313.

36 Mass. App. Ct. 595 (1994)

634 N.E.2d 579

COMMONWEALTH vs. ROBERT J. ALLAIN (and a companion case).

Appeals Court of Massachusetts, Worcester.

June 3, 1994.

Attorney(s) appearing for the Case

Gregory V. Roach for Robert J. Allain.

Donald D. Deren for Richard A. Cormier.

James P. McKenna, Assistant District Attorney, for the Commonwealth.

Present: BROWN, SMITH, & GREENBERG, JJ.

GREENBERG, J.

On the morning of a scheduled "bind-over" hearing, the government asked a District Court judge to hear the defendants' pending motions to suppress certain evidence. Prior to the hearing, the judge agreed to decide the suppression motions and chose not to exercise final jurisdiction over those crimes alleged in the complaint over which the District Court had concurrent jurisdiction with the Superior Court. See G.L.c. 218, § 30.2...

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