Commonwealth v. Kolenda

OPINION

ZAPPALA, Justice.

This appeal raises the issue of whether trial counsel was ineffective for failing to request an alibi instruction. For the reasons that follow, we conclude that counsel was not ineffective and we therefore affirm the decision of the Superior Court.

On November 3, 1988, Edward Gibbs was babysitting his nephew in the apartment of his sister, Joan Concannon. The apartment was located on the second floor of 3854 Terrace Street in Philadelphia. Appellant, Zigmont Kolenda, along with his wife and children, lived in the first floor apartment of the building. Gibbs resided in…