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Commonwealth v. Fugarino, Appellant

Superior Court of Pennsylvania1980-08-08No. No. 1727
288 Pa. Super. 593429 A.2d 109

Authorities cited

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Opinion

majority opinion

We vacate the judgment of sentence and remand this case for an evidentiary hearing to determine whether the witness Inverso’s identification testimony was the fruit of a violation of appellant’s constitutional rights. If such a violation is found to have occurred, appellant must be granted a new trial. If such violation is found not to have occurred, judgment of sentence shall be reinstated. Appellant and the Commonwealth may appeal from the decision of the eviden-tiary court. Cf. Commonwealth v. Polsky, 485 Pa. 360, 402 A.2d 1003 (1979).

WICKERSHAM, J., filed a memorandum dissenting statement.