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COM. v. BANELLIS

452 Pa.Super. 478 (1996)

682 A.2d 383

COMMONWEALTH of Pennsylvania v. David P. BANELLIS, Appellant.

Superior Court of Pennsylvania.

Filed August 30, 1996.

Attorney(s) appearing for the Case

Joseph F. Sklarosky, Forty Fort, for appellant.

Peter Paul Olszewski, Jr., District Attorney, Wilkes-Barre, and Melissa A. Berlot, Assistant District Attorney, Wilkes-Barre, for Commonwealth, appellee.

Before CAVANAUGH, J., CIRILLO, President Judge Emeritus and CERCONE, President Judge Emeritus.

CIRILLO, President Judge Emeritus.

David Banellis appeals from a summary conviction in the Court of Common Pleas of Luzerne County. We reverse.

On November 3, 1995, Officer John Lee Mecca of the Dupont Borough Police observed Banellis in a red Ford truck travelling on the Pittston Bypass in Luzerne County. Banellis failed to stop at the stop sign located at an intersection of the bypass ramp and Main Street. Officer Mecca, who was clothed in full uniform,...

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