Commonwealth v. McConaga

The issue in these appeals by the defendant and *525the Commonwealth is whether the Commonwealth’s motion to reconsider, filed sixty-six days following the entry of a Superior Court order allowing the defendant’s motion to suppress, along with its appeal from the denial of reconsideration, is sufficient to bring an appeal from the allowance of the suppression motion properly before us, under the provisions of G. L. c. 278, § 28E, or Mass.R.Crim.P. 15(a)(2), as appearing in 422 Mass. 1501 (1996). Given the record on appeal, we hold that in the absence of (1) a timely filed notice of appeal in the…