Commonwealth v. Cuoco

A Superior Court jury convicted the defendant of assault and battery on a correctional facility employee, in violation of G. L. c. 127, § 38B(b ). Prior to trial, the defendant moved to suppress his statements, contending they were elicited in violation of Miranda v. Arizona, 384 U.S. 436 (1966). After an evidentiary hearing, the motion judge denied the defendant's motion, finding that the defendant was not subject to express questioning or its functional equivalent while in custody. On appeal, the defendant argues that the motion judge erred in denying his motion to suppress. We affirm.

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