COM. v. PRESLEY


455 Pa.Super. 13 (1996)

686 A.2d 1321

COMMONWEALTH of Pennsylvania, v. Michael PRESLEY, Appellant.

Superior Court of Pennsylvania.

Filed December 16, 1996.


Attorney(s) appearing for the Case

Peter Rosalsky, Assiatant Public Defender, Philadelphia, for appellant.

Karen A. Brancheau, Assistant District Attorney, Philadelphia, for the Commonwealth, appellee.

Before CIRILLO, President Judge Emeritis, and DEL SOLE and OLSZEWSKI, JJ.


OLSZEWSKI, Judge:

A heavy snow blanketed Philadelphia on the morning of February 11, 1994. Nevertheless, Kwan Yul Choi diligently stood behind the counter of his Family Seafood Restaurant on South 7th Street. At approximately 3:00 p.m., appellant Michael Presley, known on the street as "Grimace," entered Mr. Choi's establishment. Mr. Choi, who had earlier banished Presley, kindheartedly admitted the youth into the business because "it was cold outside." N.T. 7/26...

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