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COM. v. PERSICHINI

737 A.2d 1208 (1999)

COMMONWEALTH of Pennsylvania, Appellee, v. Phillip J. PERSICHINI, Jr., Appellant.

Supreme Court of Pennsylvania.

Decided September 30, 1999.

Attorney(s) appearing for the Case

Gregory A. Henry, Bradford, for Phillip J. Persichini, Jr.

Michelle D. Alfieri, Dist. Atty., for the Com.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO and NEWMAN, JJ.

ORDER

PER CURIAM:

The Court being evenly divided, the opinion of the Superior Court is AFFIRMED.

Justice SAYLOR did not participate in the consideration or decision of this case.

Justice CASTILLE files an opinion in support of affirmance in which Justice NEWMAN joins and Justice NIGRO concurs in the result.

Chief Justice FLAHERTY files an opinion in support of reversal in which Justices ZAPPALA and CAPPY join....

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