Commonwealth v. DeFelice

HOFFMAN, Judge:

The Commonwealth has appealed the suppression by the lower court of appellee’s out-of-court identifications and arrest.1 Because the lower court did not suppress the appellee’s confession, the fruits of the robbery or the complaining *519witnesses’ in-court identifications, the Commonwealth has not been substantially handicapped in its ability to proceed to trial. Therefore, we quash this appeal.

During the morning of October 9, 1974, a lone gunman robbed a pharmacy in Haverford Township, Delaware County. At approximately 10:00 a. m., two Haverford Township police reported to the…