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COM. v. LARK

No. 3429 EDA 2012.

91 A.3d 165 (2014)

2014 PA Super 70

COMMONWEALTH of Pennsylvania, Appellant v. Basir LARK, Appellee.

Superior Court of Pennsylvania.

Filed April 9, 2014.

Reargument Denied June 10, 2014.

Attorney(s) appearing for the Case

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

Coley O. Reynolds , Philadelphia, for appellee.

BEFORE: GANTMAN, DONOHUE and PLATT, JJ.

OPINION BY PLATT, J.:

The Commonwealth appeals from the order of November 13, 2012, which granted the motion of Appellee, Basir Lark, to suppress a child witness's identification of him as her father's murderer.1 Nothing in the record suggests police misconduct. Furthermore, the suppression court's finding that the identification was not reliable is not supported by the evidence of record. Accordingly, we are constrained to vacate the...

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