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COMMONWEALTH v. BENNETT

No. 94-P-1798.

39 Mass. App. Ct. 531 (1995)

COMMONWEALTH vs. WILLIAM BENNETT.

Appeals Court of Massachusetts, Norfolk.

December 15, 1995.

Attorney(s) appearing for the Case

Dana Alan Curhan for the defendant.

Stephanie Martin Glennon, Assistant District Attorney, for the Commonwealth.

Present: SMITH, JACOBS, & IRELAND, JJ.

JACOBS, J.

During the investigation of the murder of Carol DiMaiti Stuart in 1989, Boston police detective Peter O'Malley applied for and obtained a warrant to search the premises of the defendant. A Brookline police officer, who was present during the execution of that warrant on November 10, 1989, observed items that he believed were related to an armed robbery committed in Brookline on October 2, 1989. Relying in part upon his observations, the Brookline police...

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