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COM. v. OGLIALORO

525 Pa. 250 (1990)

579 A.2d 1288

COMMONWEALTH of Pennsylvania, Appellant, v. Joseph OGLIALORO, Appellee.

Supreme Court of Pennsylvania.

Decided August 23, 1990.

Reargument Denied October 30, 1990.

Attorney(s) appearing for the Case

Alan M. Rubenstein, Dist. Atty., T. Gary Gambardella, Asst. Dist. Atty., Stephen B. Harris, Chief, Appeals Div., for appellant.

Claire C. Capristo, for amicus — Pa. D.A. Assn.

Ernest D. Preate, Jr., for amicus — Office of Atty. Gen.

Ronald H. Elgart, for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA and PAPADAKOS, JJ.

OPINION OF THE COURT

PAPADAKOS, Justice.

This is an appeal of the Commonwealth of Pennsylvania, Appellant, from the opinion and order of the Superior Court granting the Appellee, Joseph Oglialoro, a new trial and reversing the order of the Court of Common Pleas of Bucks County.

On September 9, 1986, the Honorable Edward G. Biester, Jr., denied the Appellee's motion to suppress marijuana seized from his premises. Appellee was later convicted, in a...

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