Commonwealth v. Capo

MONTEMURO, J.:

¶ 1 This is an appeal from judgment of sentence following Appellant’s conviction for indecent assault. We affirm.

¶2 On November 13, 1995, at approximately 5:00 p.m., the victim, 15 year old M.A., and a friend were eating dinner in a relatively empty sandwich shop across the street from their school when Appellant, then 61 years old, entered the shop, sat down and began leering at M.A. He then winked and waved, smiling and making kissing noises in her direction. Because his behavior made her uncomfortable, M.A. left the shop.

¶ 3 The next day, M.A. and two of her friends were…