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COMMONWEALTH v. BENITEZ

No. 93-P-1585.

37 Mass. App. Ct. 722 (1994)

643 N.E.2d 468

COMMONWEALTH vs. HARVEY BENITEZ.

Appeals Court of Massachusetts, Middlesex.

December 13, 1994.

Attorney(s) appearing for the Case

Willie J. Davis for the defendant.

David W. Cunis, Assistant District Attorney, for the Commonwealth.

Present: BROWN, GILLERMAN, & LAURENCE, JJ.

BROWN, J.

On appeal from his conviction of possession of a controlled substance (heroin) with intent to distribute, the defendant posits three bases for disturbing the judgment. We think that the defendant is entitled to a new trial because the judge improperly admitted evidence of contraband seized from the apartment of a codefendant who was not on trial. As the other claims of error most certainly will recur at...

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