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COMMONWEALTH v. PHILYAW

No. 99-P-2121.

55 Mass. App. Ct. 730 (2002)

COMMONWEALTH v. DARNYEL PHILYAW.

Court of Appeals of Massachusetts, Suffolk.

September 6, 2002.

Attorney(s) appearing for the Case

Elizabeth Lutwak for the defendant.

Joseph M. Ditkoff, Assistant District Attorney, for the Commonwealth.

Present: LAURENCE, DREBEN, & TRAINOR, JJ.

DREBEN, J.

At trial, three Boston police officers identified the defendant as the front-seat passenger in a car they had followed in August, 1996. After a high speed chase, the front-seat passenger bolted from the car and threw a gun, subsequently retrieved by police, into some bushes. Although the police tried to follow the passenger, he disappeared after leaping over one fence and climbing another. Subsequently...

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