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COMMONWEALTH v. DEMARIA

No. 97-P-0774.

46 Mass. App. Ct. 114 (1999)

COMMONWEALTH v. PAUL L. DEMARIA.

Court of Appeals of Massachusetts, Norfolk.

January 8, 1999.

Attorney(s) appearing for the Case

Peter M. Onek, Committee for Public Counsel Services, for the defendant.

Judith B. Stephenson, Assistant District Attorney, for the Commonwealth.

Present: KASS, GILLERMAN, & RAPOZA, JJ.

KASS, J.

Of three points that the defense has argued on appeal, we concentrate primarily on whether the setting for a voice identification by the complaining witness was so suggestive as to deprive the defendant of a fair trial. We decide that the voice identification procedure, although not without flaw, adhered sufficiently to the standards prescribed in Commonwealth v. Marini, 375...

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