Commonwealth v. Burrell

SPAETH, Judge:

This is an appeal from judgments of sentence for carrying a firearm on a public street 1 and carrying a firearm without a license. 2 The principal issue is whether counsel who presented appellant’s motion to suppress was effective. We have concluded that it is arguable he was not. Accordingly, we shall remand for a hearing.

On February 1, 1978, Philadelphia Police Officer Gregory Michael and a fellow officer stopped a 1976 Cadillac Seville in the 1700 block of Cambria Street in Philadelphia. Officer Michael approached the Cadillac from the rear on the passenger side. As appellant…