¶1dissenting:
¶2It is unfortunate that I was unable to participate in the original argument in this appeal, wherein the majority of the judges then participating, by a 3-2 vote, adopted Judge Spaeth’s opinion granting a new trial. After reargument it has been decided that under the order granting reconsideration and a second argument, I may not now participate in changing that result but may only participate in the decision on the licensure question. Although I disagree with that decision barring my participation in full reconsideration, I shall abide by it.
¶3I agree and join Judge Cercone’s opinion as to the licensure question.
¶4I dissent and protest the grant of a new trial to this appellant on the grounds that the trial court erred in failing to take adequate precautions to guard against the prejudicial potential concerning alleged prosecutorial misconduct. Such a conclusion is not legally sound and is procedurally ridiculous. This is particularly true where a clear majority of our Court participating in the reargument agrees that no error occurred.
¶5*511Although I am pleased that we are able to give present guidance to our trial courts on the troublesome issue of licensure, I am dismayed that the Court of Common Pleas of Philadelphia County must retry this appellant.
¶6I would affirm the judgment of sentence.