Commonwealth v. Spencer

The defendant, Barry H. Spencer, Jr., was indicted on charges of distribution of cocaine and other offenses. A judge in the Superior Court denied his motion to suppress certain evidence. Pursuant to Mass. R. Crim. P. 15, as appearing in 422 Mass. 1501 (1996), Spencer applied to a single justice of this court for leave to take an interlocutory appeal from that ruling. The single justice denied such leave. Spencer appealed from the single justice’s order.

The Commonwealth has moved to dismiss Spencer’s appeal. The motion must be allowed. “Neither the Commonwealth nor a defendant may appeal to…