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COM. v. STAYS

No. 2668 EDA 2010.

40 A.3d 160 (2012)

COMMONWEALTH of Pennsylvania, Appellee v. Duane STAYS, Appellant.

Superior Court of Pennsylvania.

Filed March 7, 2012.

Attorney(s) appearing for the Case

Samuel Alboum , Philadelphia, for appellant.

Hugh J. Burns, Jr. , Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

BEFORE: BENDER, J., MUNDY, J., and OTT, J.

OPINION BY BENDER, J.:

Duane Stays appeals the judgment of sentence imposed following his conviction of, among other things, Aggravated Assault, and Possession of Instruments of Crime (PIC), 18 Pa.C.S. §§ 2702(a), 907(a) (respectively). Stays contends that the trial court erred in admitting as substantive evidence prior statements by an eyewitness that were inconsistent with his subsequent testimony during the preliminary hearing, when the victim recanted...

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