Commonwealth v. Bonaccurso

CIRILLO, Judge:

The Commonwealth appeals the grant of a new trial to Samuel Bonaccurso who was convicted of first-degree murder in 1978. The post-conviction court found that Bonaccurso was entitled to a new trial because he had been deprived of his right to testify at his original trial and because after-discovered evidence would affect the outcome of the trial. We affirm.

Bonaccurso was charged with murder and possession of an instrument of crime after Ronald Simone was shot to death in front of his (Simone’s) Philadelphia car repair shop. Bonaccurso’s trial counsel, Robert Simone, pursued a…