SPINA, J.
A single justice of this court, acting pursuant to the gatekeeper provision in G. L. c. 278, § 33E, allowed the Commonwealth's application for leave to appeal from an order of a Superior Court judge allowing the defendant's third motion to correct illegal sentence filed in 1999. The judge who ruled on the defendant's motion opined that, because the defendant's armed robbery convictions merged with his convictions of murder in the first degree, as lesser...
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