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COMMONWEALTH v. MILTON

427 Mass. 18 (1998)

COMMONWEALTH v. JOHN E. MILTON.

Supreme Judicial Court of Massachusetts, Middlesex.

March 3, 1998.

Attorney(s) appearing for the Case

William G. Small (Anne L. Berger with him) for the defendant.

Geraldine C. Griffin, Assistant District Attorney, for the Commonwealth.

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

IRELAND, J.

The defendant appeals from the denial, by a District Court judge, of his motion to dismiss a probation surrender proceeding. In addition, the defendant appeals from the judge's denial of his request to receive credit against his sentence for time he spent incarcerated in lieu of bail awaiting trial for a prior, unrelated crime, of which he was acquitted. See G. L. c. 279, § 33A; G. L. c. 127, § 129B...

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