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COMMONWEALTH v. VIVERITO

422 Mass. 228 (1996)

COMMONWEALTH vs. JERARD VIVERITO.

Supreme Judicial Court of Massachusetts, Suffolk.

March 5, 1996.

Attorney(s) appearing for the Case

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

Dana Alan Curhan (Joshua D. Werner with him) for the defendant.

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

LIACOS, C.J.

At approximately 3 A.M. on May 1, 1994, two Boston police officers on patrol in the South End section of Boston were hailed by two citizens in an automobile. Those persons reported that they just had been threatened with a gun by the driver and passenger of another vehicle. The police officers promptly located this second vehicle and arrested its two occupants. The passenger (Whelen) had in his possession the...

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