COMMONWEALTH v. DASILVA

No. 04-P-1437.

66 Mass. App. Ct. 556 (2006)

COMMONWEALTH v. JONATHAN DASILVA.

Appeals Court of Massachusetts, Suffolk.

June 20, 2006.


Attorney(s) appearing for the Case

Jessica Fried, Committee for Public Counsel Services, for the defendant.

Timothy M. Pomarole, Assistant District Attorney, for the Commonwealth.

Present: Armstrong, C.J., Berry, & Trainor, JJ.


TRAINOR, J.

The defendant, Jonathan Dasilva, was convicted of possession of a class D substance and appeals on two grounds: (1) that the police stop that led to the discovery of marijuana in his possession was not supported by probable cause or reasonable suspicion; and (2) that it was error for the motion judge not to admit the prior sworn testimony of a witness who testified at the defendant's probation surrender...

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