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COMMONWEALTH v. COSTA

SJC-13157.

490 Mass. 118 (2022)

COMMONWEALTH v. CONCETTO COSTA.

Supreme Judicial Court of Massachusetts, Essex.

July 1, 2022.

Attorney(s) appearing for the Case

Patrick Levin , Committee for Public Counsel Services, for the defendant.

Kathryn L. Janssen , Assistant District Attorney, for the Commonwealth.

Maura Healey , Attorney General, & Gabriel Thornton , Assistant Attorney General, for the Attorney General, amicus curiae, submitted a brief.

Anthony D. Gulluni , District Attorney, & Katherine E. McMahon , Assistant District Attorney, for district attorney for the Hampden district & another, amici curiae, submitted a brief.

David E. Sullivan & Andrea Harrington , District Attorneys, & Jennifer K. Zalnasky & Thomas H. Townsend , Assistant District Attorneys, for district attorney for the northwestern district & another, amici curiae, submitted a brief.

Present: Budd, C.J., Gaziano, Lowy, Cypher, Kafker, Wendlandt, & Georges, JJ.

The probationer in this case had his probation revoked on the basis of hearsay statements by his former fiancée alleging, among other things, that the probationer had raped her repeatedly over a period of approximately four months when they were living together. The probationer argues that the proceedings at the probation violation...

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