Commonwealth v. Berry

By Judge Arthur B. Vieregg, Jr.

On May 19, 1995, this Court heard argument with regard to the Defendant’s motion in limine. The Court took under advisement the issue of whether the Commonwealth is precluded from introducing evidence of the Defendant’s prior convictions for the distribution of cocaine at the guilt phase of his trial in the captioned case. The Commonwealth contends that the Defendant was indicted for a second or subsequent offense of distribution and that, accordingly, it should be permitted to introduce the prior convictions during the guilt phase of the trial because they are…