GREANEY, J.
A jury in the Superior Court convicted the defendant of murder in the first degree of the three year old son of his girl friend on a theory of extreme atrocity or cruelty. The defendant's new counsel on appeal argues that the defendant should be retried because (1) the prosecutor improperly brought to the jury's attention his post-Miranda statement expressing his reluctance to talk to the police without an attorney; and (2) the judge should not have excluded...
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