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COMMONWEALTH vs. Jeremy McCONAGA (and a companion case ). Nos. 10-P-459,
COMMONWEALTH vs. Jeremy McCONAGA (and a companion case [FN1]).
Nos. 10-P-459, 10-P-579.
February 15, 2011. - May 13, 2011.
Practice, Criminal, Motion to suppress, Motion for reconsideration, Interlocutory appeal.

INDICTMENTS found and returned in the Superior Court Department on May 2, 2008.

A pretrial motion to suppress evidence was heard by David A. McLaughlin, J., a motion for reconsideration was
considered by him, and a motion to dismiss was heard by him.

An application for leave to prosecute an interlocutory appeal was allowed by Margot Botsford, J., in the Supreme
Judicial Court for the county of Suffolk, and the appeal was reported by her to the Appeals Court.

Rachel J. Eisenhaure, Assistant District Attorney, for the Commonwealth.

Elizabeth Doherty for the defendant.

Present: Rapoza, C.J., Kafker, & Fecteau, JJ.

FECTEAU, J.

The issue in these appeals by the defendant and the 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,

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Massachusetts Law