J-A31017-16
2017 PA Super 262
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
Appellant :
:
:
v. :
:
:
ANGEL RIBOT : No. 1190 EDA 2015
Appeal from the Order March 27, 2015
In the Court of Common Pleas of Philadelphia County
Criminal Division at No(s): CP-51-CR-0009168-2014
BEFORE: BENDER, P.J.E., MOULTON, and FITZGERALD*, JJ.
CONCURRING STATEMENT BY FITZGERALD, J.: FILED AUGUST 15, 2017
I agree with the majority that the best evidence rule does not preclude
the admission of testimony that Appellant was in possession of the buy
money. However, I believe the trial court acted within its discretion when it
credited Appellant’s evidence of a written policy requiring that the buy
money be photocopied over the testimony regarding a change in policy.
Thus, there was an adequate basis for the trial court to find a violation of
departmental policy, which could give rise to a sanction. However, the
preclusion of all testimony regarding the buy money appears to be a drastic
remedy that is not supported by the circumstances of this case. Thus, I
concur in the result.
____________________________________________
*
Former Justice specially assigned to the Superior Court.