Commonwealth v. Clermy

The defendant was convicted in a jury-waived proceeding in the District Court for possession of cocaine, G. L. c. 94C, § 34, and possession of cocaine with the intent to distribute, G. L. c. 94C, § 32A. On appeal, the defendant alleges that the trial judge erred in denying his motions: (1) to suppress evidence seized at the time of his arrest; (2) for a required finding of not guilty; and (3) to dismiss the complaint for possession as duplicative of that for possession with the intent to distribute. The defendant is correct with respect to the last point, and resentencing is required.

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