Commonwealth v. Miller

By JUDGE ROBERT K. WOLTZ

The defendant is charged with robbery. He filed motion to suppress a pretrial identification and, on the basis of that pretrial identification, asserts his in-court identification at his preliminary hearing was tainted also and should be suppressed. The motion is denied.

The victim, a clerk in a convenience store, was robbed at night at gunpoint. The store was brightly lit and the robber was the only person other than the victim to be in the store during the entire incident. The robber obtained some merchandise and paid for it at the cash register counter where the two…