Commonwealth v. DePeiza

Two Boston police officers found a loaded handgun in Michael DePeiza’s jacket pocket when they pat frisked him in a late night encounter. The defendant was charged with illegal possession of a firearm and ammunition, in viola*368tian of G. L. c. 269, § 10 (a) and (h). After a hearing in the Dorchester Division of the Boston Municipal Court, a judge denied the defendant’s motion to suppress the handgun, ammunition, and statements he made to police. Following a jury-waived trial, the defendant was convicted of both charges. He appealed from the convictions, claiming that his motion to suppress was…