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COMMONWEALTH v. CRUZ.

No. SJC-10738.

459 Mass. 459 (2011)

COMMONWEALTH v. BENJAMIN CRUZ.

Supreme Judicial Court of Massachusetts, Suffolk.

April 19, 2011.

Attorney(s) appearing for the Case

Helle Sachse , Assistant District Attorney ( Lauren Bernath Moore , Assistant District Attorney, with her) for the Commonwealth.

Scott Michelman , of California ( Jay Rorty , of California, & John Reinstein with him) for the defendant.

Michael D. Cutler & Steven S. Epstein , for National Organization for the Reform of Marijuana Laws, amicus curiae, submitted a brief.

Paul R. Rudof & Ryan M. Schiff , Committee for Public Counsel Services, for Committee for Public Counsel Services, amicus curiae, submitted a brief.

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

IRELAND, J.

After a single justice of this court allowed the Commonwealth's application for an interlocutory appeal, we granted the defendant's application for direct appellate review in order to decide an issue of first impression concerning the impact, if any, G. L. c. 94C, §§ 32L-32N, inserted by St. 2008, c. 387, §§ 2-4, which decriminalized possession of less than one ounce of marijuana, has on certain aspects of our search and seizure jurisprudence...

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