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COM. v. JOHNSON

305 Pa.Super. 103 (1982)

451 A.2d 263

COMMONWEALTH of Pennsylvania, Appellant, v. Bernett Lee JOHNSON.

Superior Court of Pennsylvania.

Filed October 1, 1982.

Petition for Allowance of Appeal Denied January 20, 1983.

Attorney(s) appearing for the Case

Robert L. Eberhardt, Deputy District Attorney, Pittsburgh, for Commonwealth, appellant.

Diane Barr Quinlin, Assistant Public Defender, Pittsburgh, for appellee.

Before BROSKY, JOHNSON and MONTGOMERY, JJ.

PER CURIAM.

Appellee Bernett Lee Johnson was charged with robbery, theft and receiving stolen property in connection with a drugstore robbery. Through counsel, he filed a motion to suppress photographic identification, preliminary hearing identification and subsequent in-court identification. After a hearing, the Honorable Henry R. Smith, Jr., granted appellee's motion as to all identifications except the initial photo array. The Commonwealth appealed.

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