Commonwealth v. Levy

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 *618twenty-eight individually wrapped bags of “crack” cocaine seized from the defendant’s person incident to his arrest.1

On appeal, the Commonwealth argues that the judge erred…