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COM. v. GAITHER

355 Pa.Super. 502 (1986)

513 A.2d 1034

COMMONWEALTH of Pennsylvania, Appellant, v. Eric GAITHER, Appellee.

Supreme Court of Pennsylvania.

Filed August 11, 1986.

Attorney(s) appearing for the Case

Kathleen A. McDonnell, Assistant District Attorney, Philadelphia, for Commonwealth, appellant.

Ronald J. Pressley, Philadelphia, for appellee.

Before CIRILLO, President Judge, and WIEAND and OLSZEWSKI, JJ.

OLSZEWSKI, Judge:

This appeal is from the order of the Court of Common Pleas of Philadelphia County reducing the grade of appellee's robbery conviction. Appellee was found guilty in a non-jury trial before the Honorable Judge D'Alessandro of robbery, a felony of the first degree,1 and related charges.2 While post-trial motions were pending, appellee's codefendant was tried before Judge D'Alessandro and was...

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