COM v. SCUILLI


423 Pa.Super. 453 (1993)

621 A.2d 620

COMMONWEALTH of Pennsylvania, Appellant, v. Bernard J. SCUILLI, Appellee.

Superior Court of Pennsylvania.

Filed February 10, 1993.


Attorney(s) appearing for the Case

Edward M. Clark, Asst. Dist. Atty., Pittsburgh, for Com., appellant.

Robert P. Vincler, Pittsburgh, for appellee.

Before ROWLEY, President Judge, and CAVANAUGH, CIRILLO, OLSZEWSKI, DEL SOLE, POPOVICH, JOHNSON, HUDOCK and FORD ELLIOTT, JJ.


HUDOCK, Judge:

In this appeal by the Commonwealth, we must decide whether a non-prosecution agreement entered into between Appellee and a municipal police officer binds the District Attorney of Allegheny County by its terms when Appellee performs his part of the agreement. Finding, under the specific facts of this case, that the Commonwealth is so bound, we affirm the trial court's grant of Appellee's petition to dismiss the charges pending against him.

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