COM. v. BENEDETTO


316 Pa.Super. 134 (1983)

462 A.2d 830

COMMONWEALTH of Pennsylvania v. Samuel BENEDETTO, Appellant.

Supreme Court of Pennsylvania.

Filed July 8, 1983.

Petition for Allowance of Appeal Denied November 8, 1983.


Attorney(s) appearing for the Case

Paulette J. Balogh, Assistant Public Defender, Pittsburgh, for appellant.

Robert L. Eberhardt, Deputy District Attorney, Pittsburgh, for Com., appellee.

Before ROWLEY, POPOVICH and HOFFMAN, JJ.


ROWLEY, Judge:

Appellant was convicted, after a non-jury trial, of burglary, theft by unlawful taking or disposition, and receiving stolen property. Post-trial motions were filed and denied. Appellant was sentenced to two and one-half to five years imprisonment for burglary. Sentence was suspended on the theft and receiving stolen property charges. This direct appeal followed.

Two issues are raised on appeal: 1) Did the court err in failing to suppress (a...

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