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COMMONWEALTH v. BERMUDEZ

No. 12-P-314.

83 Mass. App. Ct. 46 (2012)

COMMONWEALTH v. JOSE A. BERMUDEZ.

Appeals Court of Massachusetts, Hampden.

December 28, 2012.

Attorney(s) appearing for the Case

Katherine A. Robertson , Assistant District Attorney, for the Commonwealth.

Bernard T. O'Connor, Jr. , for the defendant.

Present: GRASSO, FECTEAU, & AGNES, JJ.

GRASSO, J.

This is the Commonwealth's interlocutory appeal from an order allowing a motion to suppress statements that the defendant, Jose A. Bermudez, then seventeen years old, made to the police during a recorded interview at the Holyoke police station. A Superior Court judge ruled that (1) the interview amounted to custodial interrogation, necessitating a waiver of Miranda rights, and (2) the defendant's waiver...

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