Commonwealth v. Melnyczenko

I disagree with the decision of the majority to affirm the judgment of sentence with respect to appellant’s conviction for attempted burglary and loitering and prowling in the night time. My review of the record and the applicable case law *369convinces me that insufficient evidence was presented at trial to sustain appellant’s convictions for attempted burglary and loitering and prowling in the night time.

This appeal is taken from the judgment of sentence entered after a jury convicted appellant of attempted burglary (18 Pa.C.S.A. § 901(a)), possessing instruments of crime (18 Pa. C.S.A. § 907)…