Commonwealth v. Fugarino
Commonwealth v. Fugarino
288 Pa. Super. 593; 429 A.2d 109
Commonwealth v. Fugarino
Opinion of the Court
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).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.