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COM. v. McCOY

No. 33 EAP 2007.

962 A.2d 1160 (2009)

COMMONWEALTH of Pennsylvania, Appellee v. James McCOY, Appellant.

Supreme Court of Pennsylvania.

Decided January 23, 2009.

Attorney(s) appearing for the Case

Karl Baker, Esq., Marissa Boyers Bluestine, Esq., Defender Association of Philadelphia, for James McCoy.

Hugh J. Burns, Jr., Esq., Jonathan M. Levy, Esq., Philadelphia District Attorney's Office, for Commonwealth of Pennsylvania.

BEFORE: CASTILLE, C.J., and SAYLOR, EAKIN, BAER, TODD and McCAFFERY, JJ.

OPINION

Chief Justice CASTILLE.

The question presented in this appeal is whether Section 2707.1 of the Crimes Code, 18 Pa.C.S. § 2707.1, entitled "Discharge of a firearm into an occupied structure," encompasses a situation where an individual discharges a firearm while inside an occupied structure, rather than firing into the structure from a location outside of the structure. For the following...

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