Brea v. Commonwealth

Elis Brea appeals from a judgment of a single justice of this court denying, without a hearing, his petition for relief under G. L. c. 211, § 3. A complaint charging Brea with distribution of heroin and conspiracy to violate the drug laws issued in the District Court. Brea moved to dismiss the complaint prior to arraignment. A judge in the District Court denied the motion and ruled that there was probable cause to issue the complaint. Brea’s G. L. c. 211, § 3, petition sought relief from this ruling. We affirm.

The case is before us pursuant to S.J.C. Rule 2:21, as amended, 434 Mass. 1301…