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COMMONWEALTH v. MARTINEZ

No. 05-P-368.

67 Mass. App. Ct. 788 (2006)

COMMONWEALTH v. JUAN A. MARTINEZ.

Appeals Court of Massachusetts, Hampden.

December 7, 2006.

Attorney(s) appearing for the Case

Sarah E. Dolven for the defendant.

Katherine E. McMahon, Assistant District Attorney, for the Commonwealth.

Present: Lenk, Cypher, Grasso, Kantrowitz, & Berry, JJ.

CYPHER, J.

After a jury-waived trial, a District Court judge found the defendant, Juan A. Martinez, guilty of distribution of heroin, G. L. c. 94C, § 32(a), and of distribution of heroin in a school zone, G. L. c. 94C, § 32J. The defendant appeals, arguing that (1) the motion judge improperly denied his motion to suppress a photographic identification of him based on a single photograph; (2) the in-court identification of the defendant by the police...

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