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COMMONWEALTH v. BERMUDEZ

No. 12-P-314.

83 Mass. App. Ct. 46 (2012)

COMMONWEALTH v. JOSE A. BERMUDEZ.

Appeals Court of Massachusetts, Hampden.

December 28, 2012.

Attorney(s) appearing for the Case

Katherine A. Robertson, Assistant District Attorney, for the Commonwealth.

Bernard T. O'Connor, Jr., for the defendant.

Present: GRASSO, FECTEAU, & AGNES, JJ.

GRASSO, J.

This is the Commonwealth's interlocutory appeal from an order allowing a motion to suppress statements that the defendant, Jose A. Bermudez, then seventeen years old, made to the police during a recorded interview at the Holyoke police station. A Superior Court judge ruled that (1) the interview amounted to custodial interrogation, necessitating a waiver of Miranda rights, and (2) the defendant's waiver...

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