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COM. v. CIOTTI

279 Pa.Super. 75 (1980)

420 A.2d 751

COMMONWEALTH of Pennsylvania v. Anthony Dominick CIOTTI, Appellant.

Superior Court of Pennsylvania.

Filed June 27, 1980.

Reargument Denied September 5, 1980.

Petition for Allowance of Appeal Granted April 24, 1981.

Attorney(s) appearing for the Case

William F. Scarpitti, Jr., Erie, for appellant.

Michael M. Palmisano, Assistant District Attorney, Erie, submitted a brief on behalf of Commonwealth, appellee.

Before SPAETH, HOFFMAN and VAN der VOORT, JJ.

HOFFMAN, Judge:

This is an appeal following a jury trial in which appellant was convicted of receiving stolen property. Appellant contends, inter alia, that trial counsel was ineffective for failing to object to remarks of the court clerk made during the poll of the jury.1 We agree and, accordingly, reverse the judgment of sentence and remand for a new trial.

After the jury announced the verdict, trial counsel requested...

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