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COMMONWEALTH v. DEW

SJC-12225.

478 Mass. 304 (2017)

COMMONWEALTH v. DASHEEM DEW.

Supreme Judicial Court of Massachusetts, Essex.

November 6, 2017.

Attorney(s) appearing for the Case

Merritt Schnipper for the defendant.

Kenneth E. Steinfield , Assistant District Attorney, for the Commonwealth.

The following submitted briefs for amici curiae:

James L. Brochin , of New York, Patrick Levin , Committee for Public Counsel Services, & Chauncey B. Wood for Committee for Public Counsel Services & others.

Steven Penrod, pro se.

Present: GANTS, C.J., LENK, HINES, GAZIANO, LOWY, BUDD, & CYPHER, JJ.

This appeal from the defendant's convictions in the Superior Court of masked armed robbery and of being a subsequent offender raises two issues concerning eyewitness identification: first, whether the defendant established by a preponderance of the evidence that a showup identification procedure was so unnecessarily suggestive and conducive...

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