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COMMONWEALTH v. BENNETT

No. 95-P-2172.

43 Mass. App. Ct. 154 (1997)

COMMONWEALTH v. MICHAEL BENNETT.

Court of Appeals of Massachusetts, Worcester.

July 16, 1997.

Attorney(s) appearing for the Case

Murray A. Kohn for the defendant.

Anne S. Manzello (Brian Cann, Assistant District Attorney, with her) for the Commonwealth.

Present: ARMSTRONG, KAPLAN, & KASS, JJ.

KAPLAN, J.

Tried by jury and convicted of unarmed robbery,1 the defendant learned during the sentencing hearing that the Commonwealth had withheld from him exculpatory evidence that might have weighed with the jury. He moved for a new trial; the trial judge without a hearing entered an order denying the motion. On appeal from the conviction and the judge's order to this court, we reversed the order and remanded the case for an evidentiary...

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