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COM. v. CARTER

932 A.2d 1261 (2007)

COMMONWEALTH of Pennsylvania, Appellant v. Alfonso F. CARTER, Appellee.

Supreme Court of Pennsylvania.

Decided October 17, 2007.

Attorney(s) appearing for the Case

Edward Michael Marsico, Jr., Harrisburg, James Patrick Barker, Williamsport, for the Com. of PA, appellant.

Arnold H. Gordon, Ronald Eisenberg, Hugh J. Burns, Jr., Philadelphia, Jason E. Fetterman, for Philadelphia Dist. Attys. Office, appellant amicus curiae.

Jeffrey Bryant Engle, Harrisburg, for Alfonso F. Carter, appellee.

BEFORE: CAPPY, C.J., CASTILLE, NEWMAN, SAYLOR, EAKIN AND BAER, JJ.

OPINION

Justice EAKIN.

We granted allowance of appeal to determine whether a state police laboratory report falls under the business record exception to the hearsay rule, see Pa.R.E. 803(6), so as to be admissible when the person who made the report is unavailable for cross-examination at trial.

Appellee was charged with possession of a controlled substance with intent to deliver (PWID). He filed a motion to suppress the evidence, which...

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