Commonwealth v. McElroy

BROSKY, Judge.

The Commonwealth of Pennsylvania files this appeal from the Order of the court of common pleas which granted (1) the Motion of appellee to . enforce plea agreement and (2) appellee’s Motion for sanctions. 1 In granting the latter Mo tion, the trial court ordered exclusion of the testimony of all witnesses who were to be called by the Commonwealth at trial whose tape recorded interviews by Sgt. McFadden of the Pennsylvania State Police (“the PSP”) were erased or destroyed.

The Commonwealth raises two issues, to-wit: (1) Whether the offer of a negotiated guilty plea which appellee…