Commonwealth v. Castro

DISSENTING OPINION BY

STEVENS, P.J.

Although Appellant claims to be entitled to a new trial based on after-discovered evidence, his sole proffer was a newspaper article that contains mere allegations of Officer Richard Cujdik’s misconduct which do not constitute evidence. Moreover, as Appellant asks us to speculate on what evidence he will be able to present at an evidentiary hearing, it cannot be determined if this potential “evidence” would be used for any other purpose than to impeach Officer Richard Cujdik’s credibility. For these reasons, one must conclude that Appellant failed to satisfy…