COM. v. MOYE


402 Pa.Super. 81 (1990)

586 A.2d 406

COMMONWEALTH of Pennsylvania v. Keith MOYE, Appellant.

Superior Court of Pennsylvania.

Filed December 27, 1990.

Reargument Denied February 27, 1991.

Petition for Allowance of Appeal Denied July 11, 1991.


Attorney(s) appearing for the Case

Jules Epstein, Asst. Public Defender, Philadelphia, for appellant.

Alan Sacks, Asst. Dist. Atty., Philadelphia, for Com., appellee.

Before McEWEN, MONTEMURO and JOHNSON, JJ.


JOHNSON, Judge:

Appellant Keith Moye was convicted by a jury of Conspiracy, 18 Pa.C.S. § 903, and sentenced to five and one-half to twelve months' incarceration. He appeals from the Judgment of Sentence, alleging that the trial court erred in refusing to suppress evidence obtained during his arrest. We are asked to determine whether an officer's momentary exit from a residence to secure back up invalidates an otherwise legal arrest. We hold that such an arrest...

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