670 A.2d 1153
Supreme Court of Pennsylvania.Argued January 25, 1996.
Decided February 13, 1996.
Appeal No. 42 M.D. Appeal Dkt. 1995, from Order of Superior Court entered December 14, 1994, at No. 722 Philadelphia 1994, Affirming Order of Court of Common Pleas of Berks County, Criminal Division, entered February 8, 1994, at No. 3053/93, Scott D. Keller, Judge.
Page 309
Mark C. Baldwin, Iva C. Dougherty, Reading, for Commonwealth.
W. Michael Trant, Reading, Jeanne Triuellini, Pine Forge, for Jose Restituyo.
Before NIX, C.J., and FLAHERTY, ZAPPALA, CAPPY, CASTILLE, NIGRO and NEWMAN, JJ.
ORDER
PER CURIAM:
Appeal dismissed as having been improvidently granted.
CASTILLE and NEWMAN, JJ., dissent and would reach the merits of the appeal.