ABRAMS, J.
Convicted of murder in the first degree on a theory of extreme atrocity or cruelty, the defendant, Emery Nunes, appeals. The defendant asserts that the judge erred in admitting a statement of the deceased as a spontaneous utterance. He also asserts that the judge's instructions created a substantial likelihood of a miscarriage of justice. Finally, he contends that he was denied the effective assistance of counsel at trial. The defendant asks that we use...
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