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COMMONWEALTH v. OSORNO

No. 89-P-1148.

30 Mass. App. Ct. 327 (1991)

568 N.E.2d 627

COMMONWEALTH vs. JOHN J. OSORNO.

Appeals Court of Massachusetts, Suffolk.

March 26, 1991.

Attorney(s) appearing for the Case

Francis T. O'Brien, Jr., for the defendant.

Kenneth V. Desmond (Brian J. Carney, Assistant District Attorney, with him) for the Commonwealth.

Present: DREBEN, KAPLAN, & GILLERMAN, JJ.

DREBEN, J.

Following his conviction for trafficking in excess of 100 grams of cocaine,1 the defendant filed a motion for a new trial claiming that drugs seized from him by police executing a search warrant of an apartment should have been suppressed.2 The reason — the police had failed to comply with the "knock and announce" rule, see Commonwealth...

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