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464 Mass. 566 - Appellant Montoya Brief - Mass Cases

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to support a conviction". Commonwealth v. Dawson, 399<br />

Ma s s. 465, 467 (1987) • Furthermore, the trial j<br />

did not make a finding that any of officers were<br />

qualified to testify as to the nature of the<br />

substances. See Vasquez, 456 <strong>Mass</strong>. at p. 365.<br />

Moreover, the officers " , not articulate how their<br />

rtise permitted them to identi the substances'."<br />

Commonwealth v. Charles, 456 <strong>Mass</strong>. 378, 382 (2010)<br />

quoting from Commonwealth v. Melendez-Diaz, 76 <strong>Mass</strong>.<br />

App. Ct. 229, 233 -(2010). No field tests were<br />

performed, none of the witnesses was involved<br />

gene ing the drug certi es, and tI [nJ one the<br />

officers observed the fects of the substances on<br />

anyone sting " Vasquez, supra at p. 364.<br />

The last two findings of the motion judge<br />

concerning packaging of the al ged contraband and<br />

the location of a sophisticat hide (which the on<br />

j found icularly important) are related as the<br />

implicit assumption underlying these two findings is<br />

that packaging of the alleged cont and and<br />

location of hide are evidence of a modus operandi<br />

of drug dealing cocaine as testified to by<br />

Detect i ve Hyde. The testimony of Detective Hyde<br />

44<br />

i

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