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COMMONWEALTH v. KOSTKA

No. 13-P-1576.

86 Mass. App. Ct. 69 (2014)

COMMONWEALTH v. CHRISTOPHER KOSTKA.

Appeals Court of Massachusetts, Suffolk.

July 25, 2014.

Attorney(s) appearing for the Case

John H. Cunha, Jr. , for the defendant.

Teresa K. Anderson , Assistant District Attorney ( Ursula A. Knight , Assistant District Attorney, with her) for the Commonwealth.

Present: GREEN, & MEADE, & SULLIVAN, JJ.

GREEN, J.

In Commonwealth v. Draheim, 447 Mass. 113, 119 (2006), the Supreme Judicial Court held that "so long as the Commonwealth satisfies the requirements of both the Fourth Amendment [to the United States Constitution] and Mass. R. Crim. P. 17(a)(2), 378 Mass. 885 (1979), it should be permitted the same access as defendants to potentially beneficial evidence from third parties," including third parties who are...

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