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COMMONWEALTH v. DRUMMOND

No. 08-P-1259.

76 Mass. App. Ct. 625 (2010)

COMMONWEALTH v. LUIS DRUMMOND.

Appeals Court of Massachusetts, Middlesex.

April 22, 2010.

Attorney(s) appearing for the Case

Cynthia Vincent Thomas for the defendant.

Jessica Langsam, Assistant District Attorney, for the Commonwealth.

Present: LENK, DUFFLY, & McHUGH, JJ.

LENK, J.

The defendant, Luis Drummond, was convicted of armed robbery while masked, G. L. c. 265, § 17, based in part on a confession he made to a detective when the two were alone in a police interrogation room. Because the interrogation had not been recorded, the defendant requested and received a jury instruction pursuant to Commonwealth v. DiGiambattista, 442 Mass. 423, 447-448 (2004). However, the trial judge...

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