COMMONWEALTH v. HEON

No. 96-P-1848.

44 Mass. App. Ct. 254 (1998)

COMMONWEALTH v. DARRELL J. HEON.

Court of Appeals of Massachusetts, Worcester.

February 4, 1998.


Attorney(s) appearing for the Case

Karen R. Burwick, Assistant District Attorney, for the Commonwealth.

James M. Smith for the defendant.

Present: WARNER, C.J., DREBEN, & FLANNERY, JJ.


DREBEN, J.

Granted leave by the Supreme Judicial Court to take an interlocutory appeal (Mass.R.Crim.P. 15[b][2], 378 Mass. 884 [1979]), the Commonwealth claims that a judge in the District Court erred in granting the defendant's motion to suppress a gun found by a police officer during a pat-frisk of the defendant.

We relate the facts as they appear in the judge's memorandum of findings. On June 29, 1996, State Trooper Jaworek, alone in a marked cruiser, observed...

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