IRELAND, J.
A jury in the Superior Court found the defendant guilty of three counts of assault with intent to commit rape and rape. In an unpublished memorandum and order pursuant to its rule 1:28, the Appeals Court reversed, 55 Mass.App.Ct. 1111 (2002), and we granted the Commonwealth's application for further appellate review. Prior to trial the defendant moved to suppress his statements to police, as well as police observations
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