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COM. v. FULMORE

Nos. 3486 EDA 2009, 3488 EDA 2009.

25 A.3d 340 (2011)

2011 PA Super 132

COMMONWEALTH of Pennsylvania, Appellant v. James FULMORE. Commonwealth of Pennsylvania, Appellant v. Desean Kingwood.

Superior Court of Pennsylvania.

Filed June 27, 2011.

Attorney(s) appearing for the Case

Peter Carr , Assistant District Attorney, Philadelphia, for Commonwealth, appellant.

Samuel Alboum , Philadelphia, for Fulmore, appellee.

Ellen McBennett , Public Defender, for Kingwood, appellee.

BEFORE: FORD ELLIOTT, P.J., GANTMAN and DONOHUE, JJ.

OPINION BY FORD ELLIOTT, P.J.:

This is an appeal by the Commonwealth from orders suppressing the identification of appellees, James Fulmore and Desean Kingwood, as the perpetrators in a shooting.1 Following careful review, we reverse.2

On June 30, 2008, shortly after midnight in Philadelphia, the victim, Joshua Hernandez ("Hernandez"), was walking on Orthodox Street toward Frankford Avenue with a friend...

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