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COMMONWEALTH v. KAPLAN

234 Pa.Super. 102 (1975)

Commonwealth v. Kaplan, Appellant.

Superior Court of Pennsylvania.

April 22, 1975.

Attorney(s) appearing for the Case

Alan M. Lerner, with him Roslyn G. Pollack, and Cohen, Shapiro, Polisher, Shiekman and Cohen, for appellant.

Mark C. Stephenson, Assistant District Attorney, with him Mark Sendrow and Steven H. Goldblatt, Assistant District Attorneys, Abraham J. Gafni, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, and SPAETH, JJ. (VAN DER VOORT, J., absent).

OPINION BY WATKINS, P.J., April 22, 1975:

This is an appeal from the Court of Common Pleas, Criminal Division of Philadelphia County by the defendant-appellant, Eric Kaplan, challenging the sufficiency of the search warrant pursuant to which controlled substances were found and seized by the police and subsequently used against the defendant at trial.

On December 11, 1969, the defendant was arrested and charged with possession of a controlled substance. Police...

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