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COMMONWEALTH v. GAJKA

425 Mass. 751 (1997)

COMMONWEALTH v. EDWARD GAJKA.

Supreme Judicial Court of Massachusetts, Bristol.

August 15, 1997.

Attorney(s) appearing for the Case

Stephen Neyman for the defendant.

Catherine B. Sullivan Ledwidge, Assistant District Attorney, for the Commonwealth.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, & FRIED, JJ.

WILKINS, C.J.

The defendant appeals from his conviction of murder in the first degree on the theories of felony-murder and extreme atrocity or cruelty and from his conviction of armed robbery. We reject the defendant's claims of error and his request for relief under G. L. c. 278, § 33E.

The jury would have been warranted in finding that the defendant and Paul Ouellette entered the Fall River apartment of the...

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