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COMMONWEALTH v. BRITTO

433 Mass. 596 (2001)

COMMONWEALTH v. JEFFREY BRITTO.

Supreme Judicial Court of Massachusetts, Plymouth.

March 30, 2001.

Attorney(s) appearing for the Case

Charles K. Stephenson for the defendant.

Mary E. Mullaney, Assistant District Attorney, for the Commonwealth.

The following submitted briefs for amici curiae:

Catherine K. Byrne, Committee for Public Counsel Services & John F. Palmer, for Committee for Public Counsel Services & another.

Michael Keating, Mitchell J. Matorin, Elizabeth Heinrich & Marc G. Perlin for National Center for Citizens Participation in the Administration of Justice.

Thomas F. Reilly, Attorney General, & Pamela L. Hunt, Assistant Attorney General, for the Attorney General.

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

SPINA, J.

The defendant, Jeffrey Britto, was convicted of murder in the first degree on a theory of felony-murder, armed robbery while masked, and unlawful possession of a firearm. Represented by new counsel on appeal he claims error in (1) the judge's refusal to appoint new counsel before trial; (2) the denial of his motion for a new trial based on ineffective assistance of counsel; (3) the admission of statements made by an identification witness after a lineup...

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