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COM. v. POPLAWSKI

852 A.2d 323 (2004)

COMMONWEALTH of Pennsylvania, Appellant v. Chad Elliott POPLAWSKI, Appellee.

Superior Court of Pennsylvania.

Filed June 4, 2004.

Attorney(s) appearing for the Case

Lance T. Marshall, Asst. Dist. Atty., Bellefonte, for Com.

Jules Epstein, Philadelphia, for appellee.

Before: LALLY-GREEN, TODD, and CAVANAUGH, JJ.

LALLY-GREEN, J.

¶ 1 The Commonwealth appeals from the order entered on January 27, 2003, granting a new trial to Appellee Chad Elliott Poplawski under the Post Conviction Relief Act (PCRA), 42 Pa.C.S.A. §§ 9541-9546.1 We affirm.

¶ 2 On direct appeal, this Court summarized the factual and procedural history of the case as follows:

[Poplawski] and the victim, Ikechukwu Iregbulem, had a history of confrontations...

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