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COM. v. McPEAK

708 A.2d 1263 (1998)

COMMONWEALTH of Pennsylvania, Appellee, v. Michael J. McPEAK, Appellant.

Superior Court of Pennsylvania.

Filed February 17, 1998.

Attorney(s) appearing for the Case

John Enright, Philadelphia, for appellant.

Peter J. Gardner, Asst. Dist. Atty., Philadelphia, for Com., appellee.

Before CAVANAUGH, POPOVICH and OLSZEWSKI, JJ.

OLSZEWSKI, Judge:

This is an appeal of the judgment of sentence entered against appellant for driving under the influence of alcohol in violation of 75 Pa.C.S. § 3731. We affirm.

The trial court summarizes the facts of the case as follows:

On St. Patrick's Day, March 17, 1995, at approximately 8:30 in the evening, James O'Connell was in his house at the corner of Tabor and Martin's Mill Roads in the City and County of Philadelphia, watching television...

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