Commonwealth v. Gentile

The defendant was convicted by a jury of murder in the first degree on theories of deliberate premeditation, *570extreme atrocity or cruelty, and felony-murder (with aggravated rape as the predicate felony). On appeal, he claims that (1) the judge erred in failing to allow his motion to suppress evidence because (a) his truck and clothing were unlawfully seized; and (b) a warrant later issued to search the truck was not supported by probable cause; and (2) the prosecutor’s closing argument was improper. The defendant also requests that we exercise our extraordinary power under G. L. c. 278, §…