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COMMONWEALTH v. GOMES

SJC-10255

453 Mass. 506 (2009)

COMMONWEALTH v. PAUL GOMES.

Supreme Judicial Court of Massachusetts, Suffolk.

April 2, 2009.

Attorney(s) appearing for the Case

Dale Marie Merrill (Dana Alan Curhan with her) for the defendant.

Lynn D. Brennan, Assistant District Attorney (Philip B. O'Brien, Assistant District Attorney, with her) for the Commonwealth.

David M. Siegel, for Suffolk Lawyers for Justice, amicus curiae, submitted a brief.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, & BOTSFORD, JJ.

SPINA, J.

The defendant was indicted by a Suffolk County grand jury on one charge of possession of a class B controlled substance (cocaine) with intent to distribute, second offense, in violation of G. L. c. 94C, § 32A (c) and (d), and one charge of possession with intent to distribute in a school zone, in violation of G. L. c. 94C, § 32J. He filed a motion to suppress the evidence seized from his...

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