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COM. v. FARINELLA

887 A.2d 273 (2005)

COMMONWEALTH of Pennsylvania, Appellant v. Francis FARINELLA, Appellee.

Superior Court of Pennsylvania.

Filed November 2, 2005.

Attorney(s) appearing for the Case

Hugh J. Burns, Jr. and Joan Weiner, Asst. Dist. Attys. Philadelphia, for Com., appellant.

Dave B. Mischak, Philadelphia, for appellee.

Before: MUSMANNO, BENDER and OLSZEWSKI, JJ.

BENDER, J.:

¶ 1 This is an appeal by the Commonwealth from a judgment of sentence imposed upon Appellee for the offenses of possessing an instrument of crime (PIC), simple assault and recklessly endangering another person (REAP). Appellant was tried non-jury and despite the fact that the court announced a verdict of "guilty" at the conclusion of the trial with respect to a charge of aggravated assault, the court concluded at sentencing that Appellee was not guilty...

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