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COMMONWEALTH v. ONE 1994 BMW 318 IS AUTOMOBILE

No. 05-P-1201.

67 Mass. App. Ct. 673 (2006)

COMMONWEALTH v. ONE 1994 BMW 318 IS AUTOMOBILE.

Appeals Court of Massachusetts, Essex.

November 1, 2006.

Attorney(s) appearing for the Case

Thomas J. Gleason for the defendant.

Anita L. Russo, Assistant District Attorney, for the Commonwealth.

Present: LENK, BERRY, & KATZMANN, JJ.

KATZMANN, J.

John Tricoche, the claimant-owner in this civil action in the nature of an equitable proceeding in rem, appeals from a judgment ordering the forfeiture of his 1994 BMW automobile to the Commonwealth, pursuant to G. L. c. 94C, § 47(a). Tricoche claims that the Commonwealth failed to make out a sufficient case for forfeiture because the Commonwealth neither established that the automobile was used in the business of distributing narcotics nor...

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