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COMMONWEALTH v. GAUTHIER

No. 95-P-790.

41 Mass. App. Ct. 765 (1996)

COMMONWEALTH v. JOHN GAUTHIER.

Court of Appeals of Massachusetts, Essex.

December 10, 1996.

Attorney(s) appearing for the Case

Emmanuel N. Papanickolas for the defendant.

Susanne Levsen, Assistant District Attorney, for the Commonwealth.

Present: DREBEN, GILLERMAN, & GREENBERG, JJ.

GILLERMAN, J.

Because the underlying facts in this case regarding an anticipatory warrant1 appeared to be the same as, or substantially similar to, the facts in Commonwealth v. Callahan, ante 420 (1996), which was decided after the argument in this case, we invited an additional submission by counsel regarding the effect of the decision in Callahan upon this appeal by the defendant.

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