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COM. v. MAGLIOCCO

883 A.2d 479 (2005)

COMMONWEALTH of Pennsylvania, Appellee/Cross-Appellant, v. Eric J. MAGLIOCCO, Appellant/Cross-Appellee.

Supreme Court of Pennsylvania.

Decided September 28, 2005.

Attorney(s) appearing for the Case

Ellen T. Greenlee, Karl Baker, Peter Rosalsky, Philadelphia, for Eric J. Magliocco.

Hugh J. Burns, Philadelphia, Jason Fetterman, for Com.

Before: CAPPY, C.J., and CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and LAMB, JJ.

OPINION

Justice CASTILLE.

This Court granted review in these cross-appeals to address two separate issues of statutory interpretation: (1) whether under the relevant statutory definition of an instrument of crime, a conviction for Possession of an Instrument of Crime ("PIC"), 18 Pa.C.S. § 907, requires proof that the instrument (here, a baseball bat) is "commonly" used for criminal purposes; and (2) whether a conviction for Ethnic Intimidation...

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