IRELAND, J.
The defendant appeals from his conviction of murder in the first degree. He argues that his statutory right to use a telephone, G. L. c. 276, § 33A, was violated, and, consequently, his motion to suppress two statements he made to the police should have been allowed by the judge. Specifically, he claims that the judge's ruling that he was not in custody, and therefore not entitled to § 33A rights, when he provided the first statement was erroneous...
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