Commonwealth v. Lark

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 order of suppression and remand for proceedings consistent with this opinion.

*167The underlying facts in this matter are taken from the suppression hearing notes of…