Commonwealth v. Federici

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OPINION: [**112] [*740] LYNCH, J. The defendant was convicted of murder in the first degree by reason of both deliberate premeditation and extreme atrocity or cruelty. He claims error arising from: (1) the denial of his motion to suppress; (2) the judge’s refusal to instruct the jury on the defense of lack of criminal responsibility; and (3) the judge’s refusal to conduct an individual voir dire of the jurors after the foreperson saw photographs of the crime scene that were not in evidence. He also [***2] asks that we reduce the verdict by exercising our power under G. L c. 278, § 33E. We [*741] affirm the conviction and conclude there is no basis for granting relief under G. L. c. 278, § 33E.

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