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COMMONWEALTH v. DEPINA

SJC-10558.

456 Mass. 238 (2010)

COMMONWEALTH v. NATHANIEL DEPINA.

Supreme Judicial Court of Massachusetts, Bristol.

March 10, 2010.

Attorney(s) appearing for the Case

Paul W. Patten for the defendant.

Rachel J. Eisenhaure, Assistant District Attorney (David J. Gold & Shoshana E. Stern, Assistant District Attorneys, with her) for the Commonwealth.

Jonathan E. Lowy & Daniel R. Vice, of the District of Columbia, & Scott Harshbarger, Allison K. Jones, & Gil N. Peles, for Brady Center to Prevent Gun Violence & others, amici curiae, submitted a brief.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, BOTSFORD, & GANTS, JJ.

GANTS, J.

On August 19, 2008, a jury convicted the defendant of the illegal carrying of a firearm, in violation of G. L. c. 269, § 10 (a), and the unlawful carrying of a loaded firearm, in violation of G. L. c. 269, § 10 (n).1 On appeal, the defendant argues that (1) the motion judge erred in denying his motion to suppress the loaded firearm; (2) the trial judge's admission in evidence of a ballistic expert's certificate...

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