Frank A. Krieger and John Brown were convicted by a jury of unsworn falsifications to authorities, making false reports to law enforcement authorities and conspiracy. Post-trial motions were filed and argued and the lower court granted a new trial in the interest of justice. This appeal by the Commonwealth followed.
After post-trial motions were argued, but prior to any disposition thereon, Appellees’ counsel discovered that Ronald Fogel, the Commonwealth’s main witness, had a prior criminal record including convictions of crimes concerning fraudulent testimony and fraudulent transactions. Appel-lees petitioned for reargument on their post-trial motions on the basis that the Commonwealth failed to produce this record when requested to do so prior to trial.
The first stipulated issue is whether the Commonwealth’s Petition for an Extension of Time under Pa.R. Crim.P. 1100 was properly granted as to Appellee Krieger.
Since the record in the instant case is so inadequate as to preclude our deciding the merits of the Rule 1100 issue, we remand for completion of the record. We retain jurisdiction over the remaining issues in Commonwealth v. Krieger and over the appeal in Commonwealth v. Brown until the Rule 1100 issue is resolved by the Court below.
. At the time of the trial in this case, there was no other way Appellants could have obtained Fogel’s criminal record.
. Because Appellee Brown did not raise this issue in post-trial motions, it is not properly preserved for our review. Commonwealth v. Milburn, 488 Pa. 601, 413 A.2d 388 (1980).
