Opinion
Argued October 19, 1994.
Decided November 4, 1994. Reconsideration Denied January 19, 1995. Reargument Denied January 20, 1995.
Appeal No. 37 E.D. Appeal Dkt. 1994 from Order of Superior Court entered August 5, 1993, at No. 352 Philadelphia 1992, 432 Pa. Super. 683, 635 A.2d 201, Affirming Judgment of Sentence of Court of Common Pleas of Philadelphia, Trial Division, Criminal Section, entered December 16, 1991, at Nos. 4136-38 December Term, 1990.
John W. Packel, Helen A. Marino, Philadelphia, for L. Cruz.
Catherine Marshall, Ronald Eisenberg, Joan Weiner, Philadelphia, for Com.
Before NIX, C.J., and FLAHERTY, ZAPPALA, PAPADAKOS, CAPPY, CASTILLE and MONTEMURO, JJ.
ORDER
Appeal dismissed as having been improvidently granted.
ZAPPALA and CAPPY, JJ., dissent and would reach the merits of the case.
MONTEMURO, J., is sitting by designation.