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COM. v. KARETNY

837 A.2d 474 (2003)

COMMONWEALTH of Pennsylvania, Appellant, v. Eli KARETNY, Appellee. Commonwealth of Pennsylvania, Appellant, v. Michael Asbell, Appellee.

Superior Court of Pennsylvania.

Filed October 27, 2003.

Reargument Denied December 26, 2003.

Attorney(s) appearing for the Case

Hugh Burns, Asst. Dist. Atty., Philadelphia, for Com., appellant.

Frank DeSimone, Philadelphia, and Leonard Sosnov, Wyndoor, for Karetny, appellee.

John L. Jenkins, Malvern, for Asbell, appellee.

BEFORE: STEVENS and KLEIN, JJ., and McEWEN, P.J.E.

OPINION BY KLEIN, J.:

¶ 1 Defendants were charged with 49 different counts because they allegedly continued to operate a nightclub on Pier 34 on the Delaware River in Philadelphia, knowing that the pier was in imminent danger of collapsing. It did collapse, killing three people and injuring many others. The trial court granted a motion to quash the charge of risking a catastrophe while allowing the charge of failing to prevent a catastrophe...

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