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COMMONWEALTH v. MOODY

No. SJC-11277.

466 Mass. 196 (2013)

COMMONWEALTH v. CORY A. MOODY (and four companion cases).

Supreme Judicial Court of Massachusetts, Berkshire.

August 9, 2013.

Attorney(s) appearing for the Case

Timothy M. Farris for Devin Newman.

Edmund R. St. John, III, for Cory A. Moody.

Joseph A. Pieropan, Assistant District Attorney, for the Commonwealth.

The following submitted briefs for amici curiae:

Dana A. Curhan & Matthew R. Segal for American Civil Liberties Union of Massachusetts.

Martha Coakley, Attorney General, & Jessica V. Barnett & Patrick Hanley, Assistant Attorneys General, for the Attorney General.

Michael J. Iacopino, of New Hampshire, Veronica J. White, Benjamin Leatherman, Peter Ettenberg, Frank Camera, Peter Clifford, & Max D. Stern, for Jorge Areiza & others.

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

CORDY, J.

The defendants, Cory A. Moody and Devin Newman, were separately indicted for various violations of the Controlled Substances Act, G. L. c. 94C, stemming from their alleged involvement in an organized group engaged in drug trafficking in Berkshire County. In particular, Moody was indicted for one count of trafficking in cocaine, G. L. c. 94C, § 32E (b); one count of distribution of cocaine, G. L. c. 94C, § 32A (c); and two counts of...

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