COMMONWEALTH v. ALLEN

No. 00-P-223.

54 Mass. App. Ct. 719 (2002)

COMMONWEALTH v. JAMES P. ALLEN.

Court of Appeals of Massachusetts, Middlesex.

May 13, 2002.


Attorney(s) appearing for the Case

J. Gregory Batten for the defendant.

Eric R. Barber-Mingo, Assistant District Attorney, for the Commonwealth.

Present: PORADA, COWIN, & MILLS, JJ.


PORADA, J.

From his conviction for obtaining cable television service by fraud, the defendant appeals, claiming that the judge erred in denying his motion to suppress, in failing to enforce a plea agreement, in denying his motion for a required finding of not guilty, and in failing to instruct the jury on an alleged element of the offense. We reverse.

1. Motion to suppress. The defendant argues that all evidence obtained during the warrantless entry...

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