Opinion
Argued January 25, 1996.
Decided February 13, 1996.
Appeal No. 42 M.D. Appeal Dkt. 1995, from Order of Superior Court entered December 14, 1994, at No. 722 Philadelphia 1994, Affirming Order of Court of Common Pleas of Berks County, Criminal Division, entered February 8, 1994, at No. 3053/93, Scott D. Keller, Judge.
Mark C. Baldwin, Iva C. Dougherty, Reading, for Commonwealth.
W. Michael Trant, Reading, Jeanne Triuellini, Pine Forge, for Jose Restituyo.
Before NIX, C.J., and FLAHERTY, ZAPPALA, CAPPY, CASTILLE, NIGRO and NEWMAN, JJ.
ORDER
Appeal dismissed as having been improvidently granted.
CASTILLE and NEWMAN, JJ., dissent and would reach the merits of the appeal.