Commonwealth v. Yannariello

DOWLING, Judge:

Appellant was convicted in a bench trial of conspiracy to deliver a controlled substance under 18 Pa.C.S.A. § 903.1 He asserts several grounds for relief one of which justifies reversal.

Yannariello was tried along with three co-defendants and at the conclusion of the Commonwealth’s case, the trial judge, upon motion of counsel for two of the defendants, entered a severance so that these defendants could testify for the Commonwealth pursuant to a last minute plea bargain arrangement. The appellant and the remaining co-defendant, one James Matthews, were represented by the same…