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COMMONWEALTH v. COSTA

No. 04-P-1331.

65 Mass. App. Ct. 640 (2006)

COMMONWEALTH v. NILTON COSTA.

Appeals Court of Massachusetts, Middlesex.

March 3, 2006.

Attorney(s) appearing for the Case

Jessica Langsam, Assistant District Attorney, for the Commonwealth.

Karen Logee Swenson for the defendant.

Present: Lenk, Duffly, & Katzmann, JJ.

DUFFLY, J.

With the consent of a single justice of the Supreme Judicial Court, the Commonwealth brings this interlocutory appeal from a Superior Court judge's allowance of a motion to suppress evidence. See Mass.R.Crim.P. 15(a)(2), as appearing in 422 Mass. 1501 (1996). At issue is whether police acted permissibly in stopping the defendant to conduct a patfrisk, in response to a telephonic tip that a teenager at...

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