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COMMONWEALTH v. NUNEZ

No. 07-P-140.

70 Mass. App. Ct. 752 (2007)

COMMONWEALTH v. DAVID NUNEZ.

Appeals Court of Massachusetts, Suffolk.

November 29, 2007.

Attorney(s) appearing for the Case

David D. McGowan (John P. Zanini, Assistant District Attorney, with him) for the Commonwealth.

Robert Herrick for the defendant.

Present: KANTROWITZ, MILLS, & GREEN, JJ.

GREEN, J.

At issue is the propriety of a direction, given by a Boston police officer to a passenger in a motor vehicle, to step out of the vehicle after it had been stopped for an infraction.1 A judge of the Boston Municipal Court concluded that the officer was without adequate justification to order the defendant out of the vehicle and allowed the defendant's motion to suppress evidence...

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