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COMMONWEALTH v. RODRIGUEZ

437 Mass. 554 (2002)

COMMONWEALTH v. ROLANDO RODRIGUEZ.

Supreme Judicial Court of Massachusetts, Suffolk.

August 19, 2002.

Attorney(s) appearing for the Case

Maxine Sushelsky for the defendant.

Kajal K. Chattopadhyay, Assistant District Attorney (John E. Powers, III, Assistant District Attorney, with him) for the Commonwealth.

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

CORDY, J.

Following a jury trial, Rolando Rodriguez was convicted of murdering the operator of a small convenience store during the course of a robbery. In addition to this conviction of murder in the first degree on a theory of felony-murder, he was also convicted of the underlying felony of armed robbery.1 Rodriguez appeals from his conviction and from the denial of his motion for a new trial.

At trial Rodriguez contended that...

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