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05/20/97 COMMONWEALTH PENNSYLVANIA v. ANDREW J.

May 20, 1997

COMMONWEALTH OF PENNSYLVANIA
v.
ANDREW J. BYRNE, APPELLANT



Appeal from Order of Superior Court entered May 13, 1996, at No. 3147 Philadelphia 1994, Affirming Judgment of Sentence of Court of Common Pleas of Chester County, Criminal Division, entered August 5, 1994, at No. 3256-91. JUDGE(S) BELOW: CCP - Hon. Leonard Sugerman / Superior - CAVANAUGH, MCEWEN, HOFFMAN, JJ.

Before: Flaherty, C.j., And Zappala, Cappy, Castille, Nigro And Newman, JJ. Mr. Justice Castille and Madame Justice Newman Dissent.

ORDER

DECIDED: May 20, 1997

PER CURIAM:

Order of Superior Court reversed. See Commonwealth v. Myers, 530 Pa. 396, 609 A.2d 162 (1992).

Mr. Justice Castille and Madame Justice Newman Dissent.

19970520

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