COM. v. CONWAY


368 Pa.Super. 488 (1987)

534 A.2d 541

COMMONWEALTH of Pennsylvania, Appellant, v. James CONWAY, Appellee.

Supreme Court of Pennsylvania.

Decided October 23, 1987.

Reargument Denied December 28, 1987.


Attorney(s) appearing for the Case

Stuart B. Suss, Assistant District Attorney, West Chester, for Com.

Paul J. Rubino, Paoli, for appellee.

Before MONTEMURO, KELLY and CERCONE, JJ.


MONTEMURO, Judge:

The Commonwealth appeals from an oral suppression order issued by the Chester County Court of Common Pleas on September 23, 1986. The court found inadmissible the audio portion of a video tape of appellee performing sobriety tests after he had been arrested for driving while under the influence. We affirm.

Prior to reviewing the suppression order, we must determine whether it is appealable. In Commonwealth v. Dugger,

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