Commonwealth v. Brown

By Judge Robert K. Woltz

This is a decision on the defendant’s motion to suppress an out-of-court identification in the nature of a showup at the jail subsequent to the defendant’s arrest but prior to his preliminary hearing. The defendant stands charged with distribution of a controlled substance. Evidentiary hearing on the motion consisted of the undercover agent who testified to making two “buys” from the defendant in December, 1991, and January, 1992, and subsequently identifying the defendant at the showup, and a public defender who had been an attorney for the defendant testifying in the…