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Com. v. Abbott12/31/2003
, thus depriving the defendant the opportunity to conduct independent testing.
After an evidentiary hearing, the judge filed a memorandum of decision in which he denied the motion, ruling that the Commonwealth was not responsible for the destruction of the blood samples, and, in any event, the defendant did not demonstrate that he was prejudiced by the loss of potentially exculpatory evidence.
For the reasons stated in the judge's memorandum of decision and in the Commonwealth's brief, pages twelve through twenty-four, we hold that there was no error in allowing in evidence the results of the test of the blood samples.
Judgment affirmed.
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