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COMMONWEALTH v. GONSALVES

432 Mass. 613 (2000)

COMMONWEALTH v. JOHN D. GONSALVES.

Supreme Judicial Court of Massachusetts, Plymouth.

November 9, 2000.

Attorney(s) appearing for the Case

Robert C. Thompson, Assistant District Attorney, for the Commonwealth.

John M. Thompson (J. Drew Segadelli with him) for the defendant.

Kevin M. Burke, District Attorney, & James A. Janda, Assistant District Attorney, for District Attorney for the Eastern District & others, amici curiae, submitted a brief.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, & SOSMAN, JJ.

GREANEY, J.

We are concerned in this case with an assertion by the office of the district attorney for the Plymouth district (district attorney), that an order entered under Mass. R. Crim. P. 15 (d), as appearing in 422 Mass. 1501 (1996), directing that office to pay the attorney's fees and costs of the defendant's private counsel, is unconstitutional. We reject the argument.

The following summarizes the background...

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