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COMMONWEALTH PENNSYLVANIA v. DANIEL STEIN (12/31/87)

filed: December 31, 1987.

COMMONWEALTH OF PENNSYLVANIA, APPELLANT,
v.
DANIEL STEIN, APPELLEE



Appeal from the Order of the Court of Common Pleas of Philadelphia County, Criminal at No. 8407-4023-28.

COUNSEL

Frances G. Gerson, Assistant District Attorney, Philadelphia, for Com., appellant.

Robert P. Fulton, Philadelphia, for appellee.

McEwen, Montemuro and Kelly, JJ.

Author: Montemuro

[ 369 Pa. Super. Page 410]

On June 3, 1987, the trial court issued an order against the Commonwealth suppressing the following evidence: an oral statement given by the defendant to the police, a written statement given by the defendant to the police, all physical evidence obtained as a result of a search of the defendant's residence, and all identifications of the defendant. The Commonwealth has appealed.

The relevant factual history is as follows. Early in the morning of June 21, 1984, Daniel Farrell was awakened by a light in his hallway. His bedroom light was then switched on, and he saw two armed men enter his bedroom. At the suppression hearing, Mr. Farrell testified that one of the men had a rifle and the other man, whom Farrell identified as the defendant Daniel Stein, came up to him and put a gun to the side of his face. RR. at 236A. Mr. Farrell testified that he was lying on his back in his bed when the two men entered his bedroom and that as the defendant approached him, the defendant warned Farrell that if Farrell moved he would "blow his brains out." RR. at 237A. Mr. Farrell testified that as the other man went through dresser drawers, the defendant continued to hold the gun to the side of his face and searched the drawers in a cabinet beside his bed. Mr. Farrell further testified as follows:

[ 369 Pa. Super. Page 411]

Q. During this time did you have an opportunity or what opportunities did you have to look at Stein himself?

A. Oh, I seen his face as he was right up to me. If I look eight, a couple times. (sic) He did not want me to look at him.

Q. How did you know he didn't want you to look at him?

A. He told me not to stare at him, look the other way, don't turn.

Q. What did you do?

A. Eventually, he said roll over on your back, face flat down, which I did. After three minutes of laying there ...


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