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COMMONWEALTH v. DEPEIZA

449 Mass. 367 (2007)

COMMONWEALTH v. MICHAEL DEPEIZA.

Supreme Judicial Court of Massachusetts, Suffolk.

June 15, 2007.

Attorney(s) appearing for the Case

Paul B. Linn, Assistant District Attorney, for the Commonwealth.

Robert E. Fox for the defendant.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, & Cordy, JJ.

IRELAND, J.

Two Boston police officers found a loaded handgun in Michael DePeiza's jacket pocket when they pat frisked him in a late-night encounter. The defendant was charged with illegal possession of a firearm and ammunition, in violation of G. L. c. 269, § 10 (a) and (h). After a hearing in the Dorchester Division of the Boston Municipal Court, a judge denied the defendant's motion to suppress the...

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