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COMMONWEALTH v. DiBENEDETTO

427 Mass. 414 (1998)

COMMONWEALTH v. FRANK DIBENEDETTO (and three companion cases).

Supreme Judicial Court of Massachusetts, Suffolk.

May 8, 1998.

Attorney(s) appearing for the Case

Wendy Sibbison for Frank DiBenedetto.

Charles W. Rankin for Louis R. Costa.

Joseph M. Makalusky, Assistant District Attorney, for the Commonwealth.

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

WILKINS, C.J.

The defendants, convicted of deliberately premeditated murder in the first degree of Joseph John Bottari and Frank Angelo Chiuchiolo, appeal, raising a multitude of issues.2 We reversed the defendants' previous convictions of murder in the first degree because recorded testimony of Richard Storella, a witness who was unavailable at trial, had been improperly admitted. Commonwealth v. DiBenedetto,

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