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COM. v. ARROYO

No. 880 MDA 2009

991 A.2d 951 (2010)

COMMONWEALTH of Pennsylvania, Appellee v. Gilbert ARROYO, Appellant.

Superior Court of Pennsylvania.

Filed March 19, 2010.

Attorney(s) appearing for the Case

MaryJean Glick, Public Defender, for appellant.

Craig W. Stedman, Assistant District Attorney, for Commonwealth, appellee.

BEFORE: FORD ELLIOTT, P.J., GANTMAN and COLVILLE, JJ.

OPINION BY COLVILLE, J.:

¶ 1 This is an appeal from a judgment of sentence. We vacate the judgment of sentence and reverse the order denying Appellant's motion to dismiss.

¶ 2 The background underlying this matter can be summarized as follows. On April 22, 1999, a New York state court convicted Appellant of violating N.Y. Penal Law § 130.30, which, at the time of Appellant's conviction, provided,

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