Commonwealth v. Brockway

OLSZEWSKI, Judge.

This is an appeal from the judgment of sentence entered against appellant, George Brockway. He was convicted of simple assault after a struggle with local police resulted in injury to an officer. Honorable Jeffrey Smith sentenced Brockway, after a 32-month delay, to no less than four nor more than twelve months incarceration plus fines and restitution. The delay was caused, in large part, by Brockway’s incarceration in New York for parole violations and a pending drunk driving prosecution. Brockway contends that his sentence is illegal because it was deferred for a period of…