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COMMONWEALTH v. ROSCIOLI

240 Pa.Super. 135 (1976)

Commonwealth v. Roscioli, Appellant.

Superior Court of Pennsylvania.

April 22, 1976.

Attorney(s) appearing for the Case

Stephen Robert LaCheen, with him Daniel-Paul Alva, for appellant.

Hugh J. Colihan, Assistant District Attorney, with him Mark Sendrow and Steven H. Goldblatt, Assistant District Attorneys, Abraham J. Gafni, Deputy District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.

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

OPINION BY SPAETH, J., April 22, 1976:

Following a non-jury trial, appellant was convicted of burglary, theft, and conspiracy.1 His sole contention on appeal is that his arrest was made without probable cause and consequently his pre-trial motion to suppress was improperly denied.2 Although the case is close, we affirm the judgment of sentence.

At 3:00 a.m. on February 26, 1974, Officer John Flynn of...

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