COMMONWEALTH v. KUSZEWSKI


385 Mass. 802 (1982)

434 N.E.2d 203

COMMONWEALTH vs. JAMES W. KUSZEWSKI.

Supreme Judicial Court of Massachusetts, Suffolk.

April 13, 1982.


Attorney(s) appearing for the Case

William E. Loughlin, Assistant District Attorney, for the Commonwealth.

Paul F. Markham for the defendant.

Present: HENNESSEY, C.J., ABRAMS, NOLAN, & O'CONNOR, JJ.


NOLAN, J.

We are asked to decide two issues in this case: (1) whether the Commonwealth has a right of interlocutory appeal to the full court after a single justice of the court has allowed the defendant's motion to suppress evidence, and; (2) whether the single justice committed reversible error in allowing the defendant's motion to suppress. We rule that the Commonwealth has a right of interlocutory appeal to the full court under the circumstances of this case and...

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