CRUZ v. COMMONWEALTH

SJC-10941.

461 Mass. 664 (2012)

JUAN CRUZ v. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

March 15, 2012.


Attorney(s) appearing for the Case

Raymond Buso for the defendant.

David F. O'Sullivan , Assistant District Attorney, for the Commonwealth.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.


SPINA, J.

Juan Cruz (defendant) was indicted for trafficking in cocaine, in violation of G. L. c. 94C, § 32E. On the second day of trial, defense counsel discovered that the Commonwealth had violated a discovery order by failing to copy for the defense at least 500 pages of computer-generated information obtained during the police investigation. The defendant moved to dismiss the case but, for financial and emotional reasons, "strenuously" objected to any declaration...

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