concurring:
I agree with the majority that where, as here, the Office of the District Attorney refuses to prosecute a private criminal complaint based on its own internal policy, we will not disturb this determination absent a gross abuse of discretion. However, I find it important to note that our deferential review does not leave the District Attorney’s office with unbridled discretion. A district attorney cannot selectively withhold prosecution on the basis of race, impermissible motives or arbitrary determination, nor can he or she steadfastly refuse to prosecute certain classes of people or crimes. See Commonwealth v. Muroski 352 Pa.Super. 15, 32-33, 506 A.2d 1312, 1322-23 (1986) (en banc) (SPAETH, P.J., concurring and dissenting). Consequently, we, as a court, must always review the district attorney’s actions for constitutional violations, and must continue to act as a check against arbitrary and discriminatory decisions.
In the instant case, the decision to forego prosecution was not made on a patently discriminatory, arbitrary or pretextual *98basis. Therefore, the District Attorney’s office did not abuse its discretion in refusing to approve this private criminal complaint. However, I note again how important it is to make this determination on a case by case basis. Accordingly, I concur with the majority’s decision.