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COMMONWEALTH PENNSYLVANIA v. LUCIANO SPENNATO (09/09/83)

filed: September 9, 1983.

COMMONWEALTH OF PENNSYLVANIA
v.
LUCIANO SPENNATO, APPELLANT



No. 3318 Philadelphia 1981, Appeal from the Judgment of Sentence of the Court of Common Pleas, Criminal Division, Delaware County, at No. 3537 of 1980.

COUNSEL

Robert N. Speare, Media, for appellant.

David E. Fritchey, Assistant District Attorney, Media, for Commonwealth, appellee.

Cercone, President Judge, and Johnson and Montemuro, JJ. Johnson, J. did not participate in the deliberation or decision of this case.

Author: Montemuro

[ 318 Pa. Super. Page 533]

This is an appeal from the judgment of sentence of the Court of Common Pleas of Delaware County entered against the appellant, Luciano Spennato. The appellant was convicted of perjury*fn1 and false swearing in official matters.*fn2 After denial of his post-verdict motions, appellant was sentenced to two (2) to twenty-three (23) months imprisonment.

The charges against the appellant arose out of a sworn statement given by the appellant to an investigatory panel of the Pennsylvania Crime Commission.*fn3 The Crime Commission was conducting an investigation of the possible involvement of organized crime in the pizza and cheese industry in Southeastern Pennsylvania.

In his statement before the Crime Commission, the appellant related that he had immigrated from Italy to the United States in 1971. Soon thereafter, he began to work at various jobs in pizza shops, and he eventually became associated with a Mr. John Scotto at a pizza shop in New Jersey.

The shop in New Jersey ceased operations and the appellant began to work at another pizza shop owned by John Scotto. The shop was called Scotto Pizza and was located in the Granite Run Shopping Mall, in Delaware County. In 1976, the appellant became manager of Scotto Pizza, and in 1977, he became the proprieter by virtue of a sub-leasing agreement with Scotto. It was the operation of this shop which brought the appellant to the attention of the Crime Commission.

[ 318 Pa. Super. Page 534]

The appellant was questioned extensively concerning the finances and operation of the pizza shop. He stated that he sublet the shop at a cost of two hundred ($200.00) dollars per week between May, 1977 and January, 1978, and five hundred ($500.00) dollars per week thereafter. This sum was paid by check directly to Scotto, who would pick it up weekly or bi-weekly. The check was drawn from a business checking account in the name of Scotto Pizza at the Southeast National Bank. The appellant stated that all cash register receipts were deposited weekly into this account and that all expenses were paid out of this account.

In the course of the interrogation, the following exchange took place between Agent ...


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