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COMMONWEALTH v. HERNANDEZ

448 Mass. 711 (2007)

COMMONWEALTH vs. FRANCISCO HERNANDEZ.

Supreme Judicial Court of Massachusetts, Suffolk.

April 5, 2007.

Attorney(s) appearing for the Case

William T. Harrington for the defendant.

Amanda Lovell, Assistant District Attorney (William R. Freeman, Assistant District Attorney, with her) for the Commonwealth.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, & CORDY, JJ.

IRELAND, J.

The defendant, Francisco Hernandez, was convicted of possession of heroin with intent to distribute within a school zone in violation of G. L. c. 94C, §§ 32 (b) and 32J, respectively. The defendant had filed a pretrial motion to suppress all evidence obtained as a result of his arrest, which a Superior Court judge denied. On appeal the defendant claimed that the judge erred in denying the motion...

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