# Commonwealth v. Garofalo

> Supreme Court of Pennsylvania · August 3, 1989 · 386 Pa. Super. 363

URL: https://www.frixlaw.com/law-library/cases/9710923

## Case

- **Full name:** COMMONWEALTH of Pennsylvania v. Giuseppe GAROFALO, Appellant
- **Court:** Supreme Court of Pennsylvania
- **Decided:** August 3, 1989
- **Citations:** 386 Pa. Super. 363; 563 A.2d 109; 1989 Pa. Super. LEXIS 2389
- **Precedential status:** Published
- **Opinion:** Concurrence by McEWEN
- **Judges:** Wieand, McEwen, Olszewski
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9710923

## Opinion text

McEWEN, Judge,
concurring.
The author of the majority view quite correctly concludes that application of the principles presently prevailing in this Commonwealth require rejection of the arguments of appellant. Moreover, the fine expression of the majority, in rejecting the constitutional challenge, relies upon the careful rationale of our eminent colleague Judge Zoran Popovich in Commonwealth v. Kravontka, 384 Pa.Super. 346 , 558 A.2d 865 (1989). I write only to observe that I, most respectfully, do not share the view of my colleagues that the presentation of reports of blood alcohol analysis does not violate the rights of an accused under the Confrontation *373 Clause of the United States Constitution. I forego expression of the basis for my conclusion since it in major measure mirrors the rationale already provided in the dissenting opinion of our esteemed former colleague and President Judge Edmund B. Speath, Jr., in Commonwealth v. Karch, 349 Pa.Super. 227 , 502 A.2d 1359 (1986).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9710923. Public record. Not legal advice.