COM. v. KARETNY


880 A.2d 505 (2005)

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

Supreme Court of Pennsylvania.

Decided August 15, 2005.


Attorney(s) appearing for the Case

Hugh J. Burns, Philadelphia, for Commonwealth of Pennsylvania.

Frank DeSimone, Leonard Sosnov, Glenside, Thomas A. Bergstrom, Malvern, for Eli Karetny, Michael Asbell.

Before: CAPPY, C.J., CASTILLE, NEWMAN, SAYLOR, EAKIN, BAER, JJ.


OPINION

Justice CASTILLE.

The primary issue in this appeal is whether the Commonwealth made out a prima facie case of risking a catastrophe, 18 Pa.C.S. § 3302, as to appellees, who are co-defendants in the underlying criminal prosecution. For the following reasons, we hold that it did, and accordingly, we reverse the Superior Court's order, vacate the trial court's order quashing that charge, and remand this matter for trial.

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