COMMONWEALTH v. RABB

No. 06-P-1058.

70 Mass. App. Ct. 194 (2007)

COMMONWEALTH v. GREGORY A. RABB.

Appeals Court of Massachusetts, Plymouth.

September 24, 2007.


Attorney(s) appearing for the Case

Carlo A. Obligato, Committee for Public Counsel Services, for the defendant.

Gail M. McKenna, Assistant District Attorney, for the Commonwealth.

Present: CYPHER, DOERFER, & KATZMANN, JJ.


KATZMANN, J.

A jury in Superior Court convicted the defendant of trafficking in cocaine in an amount of one hundred grams or more, but less than 200 grams. Claiming that the search warrant affidavit did not pass muster, and that the evidence was not sufficient to convict him of constructive possession, the defendant appeals. While we are unpersuaded by the Commonwealth's claim that offensive collateral estoppel bars the search warrant challenge, we determine that...

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