
    COMMONWEALTH of Pennsylvania, Appellant, v. Bart McCONLEY, Appellee.
    Supreme Court of Pennsylvania.
    Submitted July 18, 2001.
    Decided July 16, 2002.
    Sally Katherine Kaye, Pittsburgh, for Com. of Pa.
    
      S. Michael Streib, Pittsburgh, for Bart McConley.
    Before: CAPPY, CASTILLE, NIGRO, NEWMAN, SAYLOR and EAKIN, JJ.
   ORDER

PER CURIAM.

The appeal is dismissed as having been improvidently granted.

Mr. Chief Justice ZAPPALA did not participate in the consideration or decision of this matter.

Mr. Justice NIGRO dissents.  