COMMONWEALTH v. BURSTON

No. 09-P-706.

77 Mass. App. Ct. 411 (2010)

COMMONWEALTH v. KAYSHAWN BURSTON (and a companion case).

Appeals Court of Massachusetts, Hampden.

August 23, 2010.


Attorney(s) appearing for the Case

Marcia B. Julian, Assistant District Attorney, for the Commonwealth.

Barry Auskern for Kayshawn Burston.

Peter M. Onek, Committee for Public Counsel Services, for Michelle Lafleur.

Present: BERRY, BROWN, & SIKORA, JJ.


SIKORA, J.

The Commonwealth appeals from a Superior Court judge's allowance of the defendants' joint motion to suppress evidence. The judge granted the motion by reason of the Commonwealth's lack of preparedness and inability to proceed at the suppression hearing. The Commonwealth contends that the judge's allowance of the motion, without a hearing, constituted an abuse of discretion. For the following reasons, we...

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