Commonwealth v. Senyszyn

LIPEZ, Judge:

Appellant was convicted, following a non-jury trial, 1 of two counts of aggravated assault, burglary, and possessing an instrument of crime generally. 2 He was sentenced on the burglary and aggravated assault convictions to three concurrent terms of two to ten years imprisonment. Sentence for possessing an instrument of crime was suspended. The “instrument of crime” in appellant’s possession, with which he committed the aggravated assault of which he was convicted, was a baseball bat. He asserts, and the Commonwealth and the trial court concede, that a baseball bat, not…