COMMONWEALTH v. JOHNSON


420 Mass. 458 (1995)

COMMONWEALTH vs. BRUCE C. JOHNSON.

Supreme Judicial Court of Massachusetts, Suffolk.

June 9, 1995.


Attorney(s) appearing for the Case

Patricia A. O'Neill, Committee for Public Counsel Services, for the defendant.

Jane A. Sullivan, Assistant District Attorney, for the Commonwealth.

Present: LIACOS, C.J., WILKINS, ABRAMS NOLAN, LYNCH, O'CONNOR, & GREANEY, JJ.


LIACOS, C.J.

The defendant appeals from his conviction of larceny from a person after a trial by a jury of six in the Boston Municipal Court Department. The sole issue on appeal is whether the judge erred in denying the defendant's motion to suppress the victim's pretrial identification after concluding that the identification procedure was unnecessarily suggestive. We granted the defendant's application for direct appellate review. We reverse.

We recite the...

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