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COMMONWEALTH v. PAIVA

No. 06-P-1207.

71 Mass. App. Ct. 411 (2008)

COMMONWEALTH v. LUPERCIO PAIVA.

Appeals Court of Massachusetts, Bristol.

March 21, 2008.

Attorney(s) appearing for the Case

Murray A. Kohn, Committee for Public Counsel Services, for the defendant.

Shoshana E. Stern, Assistant District Attorney, for the Commonwealth.

Present: COWIN, COHEN, & GRAHAM, JJ.

COWIN, J.

Following a stop by the Fall River police of the motor vehicle in which he was a passenger, the defendant, Lupercio Paiva, fled from the automobile. In the ensuing chase and struggle, a gun fell from the defendant's waistband and he was arrested. After he was taken to the police station and booked, he was placed in a holding cell where an officer noticed a bulge in his sock. The bulge turned out to have...

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