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COMMONWEALTH v. MONTEIRO

No. 99-P-1560.

51 Mass. App. Ct. 552 (2001)

COMMONWEALTH v. SANDRO J. MONTEIRO.

Court of Appeals of Massachusetts, Plymouth.

May 11, 2001.

Attorney(s) appearing for the Case

Michael H. O'Connell, Assistant District Attorney, for the Commonwealth.

David P. Sorrenti for the defendant.

Present: BROWN, JACOBS, LAURENCE, DUFFLY, & DOERFER, JJ.

DOERFER, J.

After a jury trial in the Superior Court, the defendant was convicted under G. L. c. 94C, § 32A(c), of distribution of cocaine to an undercover police officer in a street transaction in Brockton. We hold that the trial judge erred in failing to instruct the jury on certain crucial points relating to eyewitness identification testimony in conformity with Commonwealth v. Rodriguez, 378 Mass. 296

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