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COM. v. SKARICA

No. 2039 WDA 2008

986 A.2d 873 (2009)

COMMONWEALTH of Pennsylvania, Appellant v. Matthew C. SKARICA, Appellee.

Superior Court of Pennsylvania.

Filed December 9, 2009.

Attorney(s) appearing for the Case

Cynthia A. Gilkey, Assistant District Attorney, Mercer, for Commonwealth, appellant.

Raymond H. Bogaty, Public Defender, Mercer, for appellee.

BEFORE: FORD ELLIOTT, P.J., ALLEN, J., and POPOVICH, J.

OPINION BY POPOVICH, J.:

¶ 1 The Commonwealth appeals the order granting the motion to suppress filed by Appellant Matthew C. Skarica that claimed the police violated Pa.R.Crim.P. 431.1 We reverse.

¶ 2 "[W]here the Commonwealth is appealing the adverse decision of a suppression court, a reviewing court must consider only the evidence of the defendant's witnesses and so much of the evidence for the prosecution as read...

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