Commonwealth v. Fulmore

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, “Dave,” when he noticed a car pull up along the curb and stop direct ly under a street light. As he was in the process of texting messages on his cell phone, Hernandez did not pay much…