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COM. v. HILL

874 A.2d 1214 (2005)

COMMONWEALTH of Pennsylvania, Appellant v. Kenneth James HILL, Appellee.

Superior Court of Pennsylvania.

Filed April 26, 2005.

Attorney(s) appearing for the Case

Richard A. Hernan Jr., Assistant District Attorney, Greene, for Commonwealth, appellant.

Robert C. Greene, Greene, for appellee.

Before: JOYCE, BENDER and BOWES, JJ.

OPINION BY BOWES, J.:

¶ 1 The Commonwealth appeals from the January 27, 2004 order granting the pretrial suppression motion filed by Kenneth James Hill. We affirm.

¶ 2 The following principles are pertinent to our review:

[W]here a motion to suppress has been filed, the burden is on the Commonwealth to establish by a preponderance of the evidence that the challenged evidence is admissible. Pa. R.Crim. P. 323(h). See Commonwealth v. Iannaccio...

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