Massachusetts Appeals Court December 13, 1994, No. 93-P-1585 (Commonwealth v. Benitez)

Brown, J.

On appeal from his conviction of possession of a controlled substance (heroin) with intent to distribute, the defendant posits three bases for disturbing the judgment. We *723think that the defendant is entitled to a new trial because the judge improperly admitted evidence of contraband seized from the apartment of a codefendant who was not on trial.