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COMMONWEALTH v. GENTILE

437 Mass. 569 (2002)

COMMONWEALTH v. MICHAEL P. GENTILE.

Supreme Judicial Court of Massachusetts, Plymouth.

August 20, 2002.

Attorney(s) appearing for the Case

Robert S. Sinsheimer for the defendant.

Gail M. McKenna, Assistant District Attorney, for the Commonwealth.

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

COWIN, J.

The defendant was convicted by a jury of murder in the first degree on theories of deliberate premeditation, extreme atrocity or cruelty, and felony-murder (with aggravated rape as the predicate felony). On appeal, he claims that (1) the judge erred in failing to allow his motion to suppress evidence because (a) his truck and clothing were unlawfully seized; and (b) a warrant later issued to search the truck was...

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