Commonwealth v. Levy

The defendant, charged in the District Court with possessing cocaine with intent to distribute and doing so in a school zone, moved successfully to suppress drugs that were seized from his person.1 The Commonwealth was granted leave by a single justice of this court to pursue an interlocutory appeal to the Appeals Court. The Appeals Court held that the motion to suppress should have been denied. Commonwealth v. Levy, 76 Mass. App. Ct. 617 (2010). We granted the defendant’s application for further appellate review. We affirm the decision of the District Court judge allowing the defendant’s…