Commonwealth v. Cortez

OPINION

McDermott, justice.

Two police officers on routine patrol in the early hours of an empty, snowy February morning passed an alley behind residences in North Philadelphia. As the officers were passing they heard dogs barking as two men emerged from the alley. The officers stopped the men and asked if they lived on the alleyway. The men acknowledged that they did not and were unable to produce identification. Prior to further inquiry the officers “patted down” the appellant here, and found in an outer coat pocket the ubiquitous gun. *531Arrested and charged with possession of a firearm,…