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COMMONWEALTH v. McCOY

No. 02-P-574.

59 Mass. App. Ct. 284 (2003)

COMMONWEALTH v. RONALD McCOY.

Appeals Court of Massachusetts, Suffolk.

September 15, 2003.

Attorney(s) appearing for the Case

Susan E. Taylor for the defendant.

Jane A. Sullivan, Assistant District Attorney, for the Commonwealth.

Present: PORADA, LAURENCE, & KANTROWITZ, JJ.

LAURENCE, J.

Indicted on charges of possession of heroin with intent to distribute (G. L. c. 94C, § 32[b]) and doing so within 1,000 feet of a school (G. L. c. 94C, § 32J), the defendant was found guilty by a jury of the lesser offense of possession of heroin. He now contends that (1) his pretrial motion to suppress the heroin discovered under the driver's seat of an automobile he was operating should have been allowed because the police lacked probable...

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