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COMMONWEALTH PENNSYLVANIA v. JOSEPH WISE (04/30/82)

filed: April 30, 1982.

COMMONWEALTH OF PENNSYLVANIA
v.
JOSEPH WISE, APPELLANT



No. 2726 Philadelphia, 1980, Appeal from the Judgment of Sentence of the Court of Common Pleas, Criminal Division, Philadelphia County, at No. 2017/2019 June Term, 1979.

COUNSEL

Francis J. Moran, Philadelphia, for appellant.

Sarah Vandenbraak, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Cercone, P. J., and McEwen and Hoffman, JJ.

Author: Cercone

[ 298 Pa. Super. Page 487]

Appellant, Joseph Wise, takes this appeal from his conviction for robbery and related offenses. Appellant challenges his conviction on several grounds. We have found all of appellant's arguments to lack merit and we affirm.

At approximately 9:30 a. m. on June 11, 1979, the Philadelphia Savings Fund Society Bank at Ridge Avenue and Green Lane was robbed by two armed men. While the robbery was in progress, a call went out over the police radio that a silent alarm had been sounded at the bank. Officer Thomas Schoen, who was then in his patrol car two blocks away from the bank, proceeded to the scene. Upon the

[ 298 Pa. Super. Page 488]

    officer's arrival at the bank, Officers Schoen spoke with a man standing at the corner bus stop who said that he saw two black males run from the bank and drive off towards the east on Queen Lane towards Henry Avenue in a rust-colored automobile. Officer Schoen broadcast this information over his police radio before going inside the bank to interview the bank manager.

After speaking to the manager for about ten minutes, Officer Schoen broadcast a description of the two felons. The first was described as a negro male, medium brown complexion, approximately aged twenty-six, five feet eight inches tall and weighing 140 pounds. This individual also had black "bush-styled" hair and a small handlebar mustache. He was wearing a dark wool cap and a "print-type" shirt, with dark colored slacks. The second robber was described as a negro male with a dark complexion, approximately twenty-four years old, standing five feet seven inches tall and weighing one hundred and sixty pounds. He had close-cropped hair and heavy acne on his face, and was wearing a light colored jacket. The pair escaped in what was described as a rust colored auto with a white roof, possibly a Ford, driving east on Queen Lane toward Henry Avenue.

When this description was broadcast, Officer Joseph Sciarra was in the vicinity of Queen Lane and Henry Avenue. Officer Sciarra was proceeding along Queen Lane towards the aforementioned intersection when he spotted a rust and beige auto turn recklessly onto Queen Lane. Because it was raining heavily, the officer could not see the passengers in this vehicle. Said car was weaving in and out of traffic. Officer Sciarra was about a half a block away from the car when he observed this and he gave chase. The suspects' car then turned at an intersection and Officer Sciarra temporarily lost sight of the vehicle. After making the turn, the officer saw the vehicle stopped and without a driver or passenger, with the door to the driver's side open. One male was standing in front of the vehicle while appellant, carrying a tan jacket, was running down the street. Officer

[ 298 Pa. Super. Page 489]

Sciarra remained in the patrol car and pursued appellant and in the course of pursuit he noticed appellant discard a dark object. The officer pulled next to appellant, ordered him to halt and appellant complied. Officer Sciarra arrested appellant and retrieved the dark object which appellant discarded. ...


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