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COMMONWEALTH v. FITZGERALD

No. 644 WDA 2021.

284 A.3d 465 (2022)

2022 PA Super 176

COMMONWEALTH of Pennsylvania, Appellant v. Ferdinand FITZGERALD.

Superior Court of Pennsylvania.

Filed: October 13, 2022.

Attorney(s) appearing for the Case

Francesco Lino Nepa , Assistant District Attorney, Pittsburgh, for Commonwealth, appellant.

Brandon Paul Ging , Public Defender, Pittsburgh, for appellee.

BEFORE: BOWES, J., KUNSELMAN, J., and SULLIVAN, J.

The Commonwealth of Pennsylvania ("Commonwealth") appeals from the May 6, 2021 order dismissing the charges against Ferdinand Fitzgerald ("Appellee"). After careful review, we reverse and remand for further proceedings.

On May 2, 2020, Pittsburgh Police Officer Tyler Newman reported to a 911 call at 5707 East Liberty...

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