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COMMONWEALTH v. GONZALEZ

437 Mass. 276 (2002)

COMMONWEALTH v. JORGE GONZALEZ.

Supreme Judicial Court of Massachusetts, Suffolk.

July 1, 2002.

Attorney(s) appearing for the Case

Joseph M. Ditkoff, Assistant District Attorney (Dianna G. Goldenson with him) for the Commonwealth.

James G. Pepe, Jr., for the defendant.

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

GREANEY, J.

The defendant was charged on a complaint in the Boston Municipal Court Department with distribution of a class A controlled substance (heroin), G. L. c. 94C, § 32, and distribution of the substance within 1,000 feet of a school, G. L. c. 94C, § 32J. On the day scheduled for trial, a judge in the Boston Municipal Court: (a) excluded the Commonwealth's evidence concerning school zone measurements and...

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