COMMONWEALTH v. TESTA


7 Mass. App. Ct. 292 (1979)

386 N.E.2d 1061

COMMONWEALTH vs. VINCENT TESTA.

Appeals Court of Massachusetts, Middlesex.

March 23, 1979.


Attorney(s) appearing for the Case

Joseph W. Monahan, III, for the defendant, submitted a brief.

James W. Sahakian, Assistant District Attorney, for the Commonwealth.

Present: HALE, C.J., ROSE, & PERRETTA, JJ.


HALE, C.J.

The defendant appeals (G.L.c. 278, §§ 33A-33G) from his conviction of armed robbery (G.L.c. 265, § 17). One week prior to trial on this charge the defendant moved for leave to file a motion to suppress identification late.1 The judge denied that motion after a brief argument on the morning of the first day of trial.2 On the second...

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