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COMMONWEALTH v. VIERA

No. 95-P-1667.

41 Mass. App. Ct. 206 (1996)

COMMONWEALTH v. MANUEL J. VIERA, JR.

Court of Appeals of Massachusetts, Suffolk.

August 26, 1996.

Attorney(s) appearing for the Case

Thomas J. Doherty (John J. Barter with him) for the defendant.

William Matthew Iler, Jr., Assistant District Attorney, for the Commonwealth.

Present: KASS, KAPLAN, & LENK, JJ.

KAPLAN, J.

On November 29, 1993, the defendant, Manuel J. Viera, Jr., appeared for arraignment at Dorchester District Court on a charge against him of possessing a class A substance (heroin) with intent to distribute. He pleaded not guilty and made known that his defense would be misidentification, in detail as follows: the person arrested for the crime on November 27, 1993, was his cousin; the cousin had falsely given his, the defendant's, name to the police upon...

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