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COM. v. WHITE

818 A.2d 555 (2003)

COMMONWEALTH OF PENNSYLVANIA, Appellant, v. Miriam T. WHITE, Appellee.

Superior Court of Pennsylvania.

Filed February 25, 2003.

Attorney(s) appearing for the Case

Hugh Burns, Jr., Assistant District Attorney, Philadelphia, for Commonwealth.

Bradley S. Bridge, Philadelphia, for appellee.

Before FORD ELLIOTT, JOYCE and BECK, JJ.

OPINION BY BECK, J.:

¶ 1 In this case we consider whether the Commonwealth may appeal, as of right, a pretrial order denying recusal. We also consider the Commonwealth's right to appeal an adverse ruling on its request for a jury trial. We hold that the Commonwealth may not appeal the denial of recusal as of right, but is entitled to an appeal in the event the trial court refuses its request for a jury trial.

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