Commonwealth v. Irby

TAMILIA, Judge:

Paul Irby appeals from the judgment of sentence of one and one-half (1-1/2) to five (5) years’ imprisonment entered on October 22, 1996, after a jury convicted him of delivery of a noneontrolled substance represented to be a controlled substance.1 According to the trial court, the facts of the ease are as follows.

Officer Louis A. Tallarico testified that on February 16, 1996, he encountered Defendant while working in an undercover capacity. At approximately 7 P.M. on that date, Officer Tallarico and Detective Michael Sorrentino were patrolling in an unmarked car in center city…