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COMMONWEALTH v. CABRERA

No. 09-P-274.

76 Mass. App. Ct. 341 (2010)

COMMONWEALTH v. ENRIQUE CABRERA.

Appeals Court of Massachusetts, Suffolk.

February 25, 2010.

Attorney(s) appearing for the Case

Elisabeth Kosterlitz, Assistant District Attorney, for the Commonwealth.

Patricia A. DeJuneas for the defendant.

Present: GRASSO, COHEN, & SIKORA, JJ.

GRASSO, J.

On October 15, 2007, Boston police officers arrested the defendant, Enrique Cabrera, after a patfrisk revealed that he was unlawfully carrying a loaded firearm. The defendant moved to suppress the firearm and other evidence seized, and after an evidentiary hearing, a judge of the Boston Municipal Court allowed the defendant's motion.1 The judge concluded that the police lacked...

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