NO. 103 Philadelphia, 1980, Appeal from the Judgment of Sentence of the Court of Common Pleas of Philadelphia County, Trial Division, Criminal Section, at Nos. 155, 156, 160, 161, 162, 163 168 April Term, 1979.
Mark E. Kogan, Philadelphia, for appellant.
Jane C. Greenspan, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.
Wickersham, McEwen and Popovich, JJ.
[ 304 Pa. Super. Page 150]
We here consider a direct appeal from the judgment of sentence following a jury trial in which appellant was convicted of three counts of robbery, rape, burglary and criminal
[ 304 Pa. Super. Page 151]
conspiracy for which appellant was sentenced to serve a term of imprisonment of from twenty to forty years. We affirm.
The brief of the Commonwealth accurately summarizes the events upon which the convictions of appellant are based:
The instant case arises from an attack on three University of Pennsylvania students by three armed intruders, during which the victims' apartment was plundered and their goods were stolen. One student was raped, while the other two were bound and gagged, helpless to interfere. The Commonwealth's evidence established the following. On February 25, 1979, at about 5:00 p. m., Perry Sobel and Marian Sussman were entering the apartment building at 4300 Spruce Street in Philadelphia (N.T. 112). Mr. Sobel lived there with two other roommates and Ms. Sussman was visiting them that evening. As Mr. Sobel prepared to put his key in his door, he and Ms. Sussman were approached from behind by three black males who, after a brief inquiry, grabbed Mr. Sobel by a chain around his neck, put a gun to his head and forced both him and Ms. Sussman into the lobby of the building (N.T. 112-113, 150-151). They demanded to be taken to Sobel's apartment where they were let in. One of Sobel's roommates, Neil Unger, was at home. When he heard the door open, he left his room and entered the apartment's hallway. However, Unger was immediately confronted by a gunman who forced him to aboutface (N.T. 118). Unger, Sobel and Sussman were then led to the bathroom and forced to lie down on the floor (N.T. 118). At all times, they were instructed not to turn around and the intruders took precautions to preclude any subsequent identification by placing bandaids and masking tape placed over the victims' eyes (N.T. 118, 119, 152, 164). Marian Sussman was then dragged from the bathroom, placed in a nearby bedroom, undressed, and raped consecutively by two of the robbers. Meanwhile, both Sobel and Unger could hear her cries and pleas but were powerless to come to her aid
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(N.T. 120, 165-166). The robbers took their victims' wallets, money, any checks and valuables found around the apartment and then began to ransack and empty the premises. By this time, Marian Sussman, still naked, had been shoved back into the bathroom and all three victims were tied together with wire from the telephone which had been pulled out of the wall (N.T. 121, 135, 155). For approximately forty (40) minutes or more, the three students could hear the sounds of the apartment being dismantled. Nearly everything of value was taken including the stereo system, numerous items of clothing, appliances, cameras, jewelry and watches (N.T. 129, 154, 171). Finally, the men demanded the keys to Sobel's car, ascertained its location and sent one of their number to get it. When he returned, the loot was loaded into the car and the assailants fled, leaving Sobel and Unger and Sussman still bound together (N.T. 123, 124, 155, 168-169). After several minutes, the three managed to untie themselves and Unger found an operable phone in a friend's ...