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COMMONWEALTH v. QUEZADA

No. 05-P-1628.

67 Mass. App. Ct. 693 (2006)

COMMONWEALTH v. YASMANI QUEZADA.

Appeals Court of Massachusetts, Suffolk.

November 2, 2006.

Attorney(s) appearing for the Case

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

Frances A. King for the defendant.

Present: DUFFLY, CYPHER, & KATZMANN, JJ.

CYPHER, J.

The defendant, Yasmani Quezada, was charged with unlawful possession of a firearm, G. L. c. 269, § 10(a), after a police officer stopped him on the street. The Commonwealth appeals from the allowance of a motion to suppress, claiming that the motion judge erred in concluding that the community caretaking exception did not apply and that there was no reasonable suspicion for the stop. We affirm.

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