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COM. v. NORTHRIP

No. 81 MAP 2008

985 A.2d 734 (2009)

COMMONWEALTH of Pennsylvania, Appellant v. Carl NORTHRIP, Appellee.

Supreme Court of Pennsylvania.

Decided December 28, 2009.

Attorney(s) appearing for the Case

Raymond Jay Tonkin, Douglas J. Jacobs, Pike County District Attorney's Office, Milford, for Commonwealth of Pennsylvania.

Robert Michael Buttner, Scranton, for Carl Northrip.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, GREENSPAN, JJ.

OPINION

Justice GREENSPAN.

We permitted this appeal in order to review the Superior Court's decision under 42 Pa.C.S. § 9714, Sentences for Second and Subsequent Offenses, commonly referred to as the "Three Strikes Law." The precise question is whether the Superior Court panel properly determined that the New York statute of Arson in the Third Degree, N.Y. Penal Law § 150.10, does not constitute...

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