That exception, however, does not apply here. It is true that "e have recognized a narrow exception in cases where the motion to dismiss raises a double jeopardy claim of substantial merit." Watkins v. 211, § 3, from the denial of his motion to dismiss." Bateman v. Unless a single justice decides the matter on the merits or reserves and reports it to the full court, neither of which occurred here, a defendant cannot receive review under G. 211, § 3, may not be used to circumvent that rule. "The denial of a motion to dismiss in a criminal case is not appealable until after trial, and we have indicated many times that G. 1301 (2001), which requires a showing that "review of the trial court decision cannot adequately be obtained on appeal from any final adverse judgment in the trial court or by other available means." S.J.C. The case is now before us pursuant to S.J.C. A single justice denied the petition without a hearing. Prosecutions as to each individual videotaped, that the charges are therefore duplicative, and that he should not have to be subject to a trial on multiple indictments that expose him to multiple punishments. 211, § 3, petition in the county court, arguing that the statute does not allow for separate Wassilie's motion to dismiss was otherwise denied, as was his motion to suppress evidence. The Commonwealth subsequently filed a nolle prosequi as to five of the twenty-two counts. Wassilie filed a motion to dismiss, and at a hearing on the motion, a judge in the Superior Court ordered that any duplicative charges be dismissed. The charges stem from two recordings, made continuously and on the same day at a public restroom, showing twelve adults and five juveniles in various states of nudity. Wassilie was indicted on twenty-two counts of videotaping, with his cellular telephone, individuals who were nude or partially nude, in violation of G. Wassilie, appeals from a judgment of a single justice of this court denying his petition pursuant to G. Supreme Judicial Court, Superintendence of inferior courts.
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