Commonwealth v. McMillan

KELLY, Judge:

The Commonwealth appeals from an order granting reconsideration of post-verdict motions and awarding a new trial, some two years, eight months, and nine days after the original order denying post-verdict motions was entered. We reverse and remand for re-sentencing.

FACTS AND PROCEDURAL HISTORY

The facts and the procedural history of this storied case may be summarized as follows. At approximately 9:30 p.m. on November 10,1982, appellee/defendant, Dynel McMillan, accosted the victim in front of Phyllis’s Bar in Philadelphia *29and demanded repayment of a five dollar debt allegedly owed…