COMMONWEALTH v. BROWN


426 Mass. 475 (1998)

COMMONWEALTH v. BRUCE BROWN.

Supreme Judicial Court of Massachusetts, Suffolk.

January 15, 1998.


Attorney(s) appearing for the Case

Michael Vitali (David Rossman, Marie Foley & James Mc-Carroll with him) for the defendant.

Nancy L. Hathaway, Assistant District Attorney, for the Commonwealth.

Dana A. Curhan for the Massachusetts Association of Criminal Defense Attorneys, amicus curiae, submitted a brief.

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


GREANEY, J.

The defendant, Bruce Brown, challenges an order entered in the Boston Municipal Court Department pursuant to G. L. c. 94C, § 47 (b), ordering the forfeiture of $142, money attributable to the sale of controlled substances as provided in G. L. c. 94C, § 47 (a) (5). We transferred his appeal to this court on our own motion.

Brown, as claimant of the money, argues that the Commonwealth failed to meet its initial burden under...

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