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COMMONWEALTH v. LEVY

No. 09-P-462.

76 Mass. App. Ct. 617 (2010)

COMMONWEALTH v. ANDREW LEVY.

Appeals Court of Massachusetts, Plymouth.

April 20, 2010.

Attorney(s) appearing for the Case

Jessica L. Healy, Assistant District Attorney, for the Commonwealth.

Mark W. Shea for the defendant.

Present: KANTROWITZ, GREEN, & MEADE, JJ.

KANTROWITZ, J.

On January 5, 2007, the defendant, Andrew Levy, was charged with possession with intent to distribute a class B substance, to wit, cocaine, in violation of G. L. c. 94C, § 32A(a), and possession with intent to distribute a class B substance in a school zone, in violation of G. L. c. 94C, § 32J. On August 19, 2008, a District Court judge allowed, in part, the defendant's motion to suppress, resulting in the suppression of

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