COMMONWEALTH v. MARTINEZ

No. 07-P-1424.

74 Mass. App. Ct. 240 (2009)

COMMONWEALTH v. JOSE M. MARTINEZ.

Appeals Court of Massachusetts, Suffolk.

May 11, 2009.


Attorney(s) appearing for the Case

Kathleen Celio, Assistant District Attorney, for the Commonwealth.

Rose E. King for the defendant.

Present: McHUGH, SIKORA, & RUBIN, JJ.


SIKORA, J.

The Commonwealth takes this interlocutory appeal from a Boston Municipal Court judge's grant of the defendant's motion to suppress evidence and statements. The issues arise from a stop, patfrisk, and arrest of the defendant on a porch and in the common area of an apartment house in the Mission Hill section of Boston. The patfrisk produced a handgun and ammunition. After the defendant's arrest, police officers...

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