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COMMONWEALTH v. SIMON

SJC-10437.

456 Mass. 280 (2010)

COMMONWEALTH v. WALLY JACQUES SIMON.

Supreme Judicial Court of Massachusetts, Middlesex.

March 12, 2010.

Attorney(s) appearing for the Case

Aviva E. Jeruchim for the defendant.

Marian T. Ryan, Assistant District Attorney (Fawn D. Balliro Andersen, Assistant District Attorney, with her) for the Commonwealth.

David H. Mirsky, for Committee for Public Counsel Services, amicus curiae, submitted a brief.

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

COWIN, J.

In this interlocutory appeal, we determine that the presence of counsel during police questioning of a suspect, when the suspect has had an opportunity to consult with counsel beforehand, substitutes adequately for the giving of Miranda warnings, see Miranda v. Arizona, 384 U.S. 436, 444 (1966) (Miranda). We affirm the Superior Court judge's decision denying the defendant's motion to suppress statements...

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