IRELAND, J.
Pursuant to her gatekeeper function, G. L. c. 278, § 33E, a single justice of this court allowed the Commonwealth to appeal from an order of a Superior Court judge granting the defendant's motion for a new trial based on ineffective assistance of counsel. The Commonwealth argues that the motion judge erred because the defendant did not meet his burden to demonstrate counsel's ineffective assistance where the third-party culprit evidence the defendant...
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