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11 Mass. App. Ct. 1036

Commonwealth v. Burston

Massachusetts Appeals Court

Decided May 20, 1981

Massachusetts Appeals Court · decided 1981-05-20

Cited by 2 later decisions — most recently July 1986

2 state decisions

Relies on Commonwealth v. Borodine · Commonwealth v. Storey · Commonwealth v. Valliere

Good law ✅— No negative treatment on recordhow we know

Decided 1981-05-20

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¶1The motion to suppress was properly denied for the reasons stated by the trial judge in his findings and rulings on the motion.

¶2The part of the prosecutor’s closing argument objected to by the defendant did not, as the judge correctly noted, refer to the defendant’s failure to take the stand, but only to his demeanor in the courtroom. Compare Commonwealth v. Storey, 378 Mass. 312, 314 (1979). After defense counsel objected, a bench conference was held at which the judge told counsel that what the prosecutor was referring to was that “your man was making faces at the jury.” Counsel said he was not aware of that and apparently was satisfied with the judge’s observation and his suggestion that “I think we’d better get away from it,” as he made no request for any *1037action by the judge. The judge was correct when he indicated that the prosecutor’s argument was “all right as far as he’s gone.” Commonwealth v. Valliere, 366 Mass. 479, 494 (1974). Commonwealth v. Borodine, 371 Mass. 1, 11 (1976).

Archer B. Battista for the defendant.Kevin Flynn, Legal Assistant to the District Attorney, for the Commonwealth, submitted a brief.

¶3Judgment affirmed.

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