COM. v. TORITTO

No. 3178 EDA 2009.

67 A.3d 29 (2013)

2013 PA Super 118

COMMONWEALTH of Pennsylvania, Appellee v. Joseph TORITTO Jr., Appellant.

Superior Court of Pennsylvania.

Filed May 16, 2013.


Attorney(s) appearing for the Case

Jerome M. Brown , Philadelphia, for appellant.

William R. Toal, III , Assistant District Attorney, Media, for Commonwealth, appellee.

BEFORE: STEVENS, P.J., BOWES, GANTMAN, PANELLA, SHOGAN, ALLEN, LAZARUS, MUNDY, AND WECHT, JJ.


OPINION BY PANELLA, J.:

We granted en banc review in this case to principally address the issue of the sufficiency of the evidence to sustain a conviction of accomplice liability for a narcotics transaction. In an interesting development following trial, the jury convicted the Appellant, Joseph Toritto, Jr., under an accomplice theory, but acquitted him of the conspiracy charge. Toritto argues that his mere presence at the time of a drug sale from his cousin to an...

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