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COMMONWEALTH PENNSYLVANIA v. TYRONE GRAY (01/18/79)

decided: January 18, 1979.

COMMONWEALTH OF PENNSYLVANIA, APPELLEE,
v.
TYRONE GRAY, APPELLANT



No. 21 April Term, 1978, Appeal from the Judgment of Sentence of the Court of Common Pleas, Allegheny County, Pennsylvania, Criminal Division, on June 22, 1977 at No. CC7606984A.

COUNSEL

Lester G. Nauhaus, Assistant Public Defender, Pittsburgh, for appellant.

Charles W. Johns, Assistant District Attorney, Pittsburgh, for Commonwealth, appellee.

Jacobs, President Judge, and Hoffman, Cercone, Price, Van der Voort, Spaeth and Hester, JJ. This case was decided prior to the retirement of Jacobs, President Judge. Hoffman, J., did not participate in the consideration or decision of this case.

Author: Hester

[ 262 Pa. Super. Page 353]

Following a jury trial, appellant Tyrone Gray was found guilty of one count each of robbery, simple assault, and criminal conspiracy. Post trial motions were argued and denied and sentence imposed. On this direct appeal, appellant raises four issues for our determination:

(1) whether his arrest was supported by probable cause;

(2) whether the post arrest identification should have been suppressed as a fruit of the unlawful arrest;

(3) whether, in any event, the post arrest identification should have been suppressed because counsel was not present;

(4) whether certain statements and tangible evidence should have been suppressed as fruits of the unlawful arrest.

We find these contentions without merit and will therefore affirm.

On the evening of September 13, 1976 at approximately 11:00-11:30 p. m., the victim John Giles of Pittsburgh, was visited at his home by two female acquaintances, Cassandra Robinson and one "Felicia". The women announced they only wished a glass of water and Giles reluctantly admitted them. As the three of them entered his kitchen, Giles was grabbed around the throat by someone behind him, while a young black male came in front, waving a butcher knife and slashing Giles on the stomach. Giles was bound and gagged and carried to his bedroom, whereupon the perpetrators ransacked his apartment taking a stereo, TV, clock, tape decks, and some cash. After the robbers fled, Giles untied himself and called the police.

Responding to the call were Officers Michael Chergi and R. Hough of the Pittsburgh Police, who arrived at the Giles residence around midnight. Giles gave the officers descriptions of ...


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