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COM. v. DINICOLA

797 A.2d 966 (2002)

COMMONWEALTH of Pennsylvania, Appellant, v. David Joseph DINICOLA, Appellee.

Superior Court of Pennsylvania.

Filed April 17, 2002.

Attorney(s) appearing for the Case

Paula C. DiGiacomo, Assistant District Attorney, Meadville, for Commonwealth, appellant.

J. Wesley Rowden, Meadville, for appellee.

Before DEL SOLE, P.J., CAVANAUGH, JOHNSON, HUDOCK, JOYCE, STEVENS, MUSMANNO, ORIE MELVIN, and LALLY-GREEN, JJ.

JOHNSON, J.

¶ 1 The Commonwealth appeals from the Honorable Gordon R. Miller's order granting David Joseph DiNicola a new trial based on the ineffectiveness of DiNicola's trial counsel (Trial Counsel). DiNicola had alleged that Trial Counsel was ineffective for not objecting to questioning by the Commonwealth that revealed DiNicola's pre-arrest silence.

¶ 2 This is the second time this case has been before...

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