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COMMONWEALTH v. FORTUNATO

No. SJC-11314.

466 Mass. 500 (2013)

COMMONWEALTH, v. JASON FORTUNATO.

Supreme Judicial Court of Massachusetts, Middlesex.

October 3, 2013.

Attorney(s) appearing for the Case

Warren W. Lee , Assistant District Attorney ( Jessica L. Noble , Assistant District Attorney, with him) for the Commonwealth.

John Fennel , Committee for Public Counsel Services, for the defendant.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

BOTSFORD, J.

The defendant stands indicted for armed robbery, G. L. c. 265, § 17, and being an habitual offender, G. L. c. 279, § 25. Citing Commonwealth v. Rosario, 422 Mass. 48, 56 (1996) (Rosario), a Superior Court judge allowed the defendant's motion to suppress the admission of his prearraignment statements that were made more than six hours after arrest...

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