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COHEN v. COMMONWEALTH OF PENNSYLVANIA

No. 466 C.D. 1979.

51 Pa.Commw. 347 (1980)

Stephen M. Cohen, Appellant v. Commonwealth of Pennsylvania, Appellee.

Commonwealth Court of Pennsylvania.

May 14, 1980.

Attorney(s) appearing for the Case

Alvin Freiberg, with him David B. Comroe, Robinson, Greenberg and Lipman, for appellant.

Morris Levin, with him Harold H. Cramer, Assistant Attorneys General, Ward T. Williams, Chief Counsel, and Edward G. Biester, Jr., Attorney General, for appellee.

Submitted on briefs, April 11, 1980, to Judges WILKINSON, JR., ROGERS and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, JR., May 14, 1980:

The very narrow issue presented in this appeal from the trial court's dismissing appellant's appeal from a suspension of his operating privileges for failure to submit to a breathalyzer test is a factual one — does the record support the finding that appellant's refusal was conscious and knowing. It is appellant's position that he was so under the influence of a "small portion of wine" imbibed at an office party...

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