Com. v. Winston, W.
CourtSuperior Court of Pennsylvania
Date FiledNovember 3, 2026
Docket1657 EDA 2025
JudgeNichols
StatusUnpublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
J-S20010-26
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
WAYNE WINSTON :
:
Appellant : No. 1657 EDA 2025
Appeal from the Judgment of Sentence Entered April 7, 2025
In the Court of Common Pleas of Philadelphia County Criminal Division at
No(s): CP-51-CR-0001149-2023
BEFORE: NICHOLS, J., McLAUGHLIN, J., and KING, J.
MEMORANDUM BY NICHOLS, J.: FILED NOVEMBER 3, 2026
Appellant Wayne Winston appeals from the judgment of sentence
imposed following his convictions following a bench trial of one count each of
aggravated assault, persons not to possess firearms, firearms not to be carried
without a license, carrying firearms in public in Philadelphia, simple assault,
and recklessly endangering another person.1 On appeal, Appellant challenges
the sufficiency and weight of the evidence, the admission of video evidence,
and alleges that the trial court did not adequately consider all of the relevant
sentencing factors. We affirm.
The trial court set forth the following factual and procedural history:
On November 27, 2022, Appellant entered the Junior Food Market
located at the intersection of 52nd Street and Arch Street in the
city and county of Philadelphia. Appellant was playing [on]
____________________________________________
1 18 Pa.C.S. §§ 2702(a), 6105(a)(1), 6106(a)(1), 6108, 2701(a), and 2705,
respectively.
J-S20010-26
gambling machines at the back of the store when Sean McMillan
entered and engaged Appellant in conversation. Following
Appellant and McMillan’s verbal exchange, both parties drew
firearms and McMillan fired towards Appellant. Appellant and
McMillan exchanged gunfire and they fled from the store and
Appellant was struck by a bullet in his buttocks. Appellant was
transported to the hospital for his injures and subsequently
charged with aggravated assault, possession of firearm[s]
prohibited, firearms not to be carried without [a] license, carrying
firearms in public in Philadelphia, possession of an instrument of
crime with intent, simple assault, and recklessly endangering
another person.
On August 12, 2024, Appellant waived his right to a jury trial and
proceeded to a waiver trial before the Hon. Judge Tamika
Washington. [The] Commonwealth called Philadelphia Police
Detective Matthew Swan as its first witness. Detective Swan
testified that on November 27, 2022, he was working as a
detective for the Shooting Investigation Group when he was called
to investigate a shooting at the intersection of 52 nd Street and
Arch Street . . . Detective Swan received notification of the
shooting between 1:45 P.M. and 2:00 P.M. and arrived at the
scene at approximately 2:30 P.M. The shooting scene was in the
area surrounding Junior Food Market.
Detective Swan photographed the scene in thirty-five (35)
photographs which were marked by [the] Commonwealth as
exhibits “C-4.1” through “C-4.35.” Commonwealth exhibit[s] “C-
4.1” and “C-4.2” depicted the storefront of Junior Food Market.
Commonwealth exhibits “C-4.4[”] and “C-4.5” depicted a fired
cartridge casing and a placard marked “17.” Commonwealth
exhibits “C-4.6” through “C-4.14” depicted the interior of Junior
Food Market. Commonwealth exhibits “C-4.8” through “C-4.14”
were images of fired cartridge casings and projectiles found in the
store along with corresponding placards. Commonwealth exhibits
“C-4.16” through “C-4.35” captured the numbered placards and
fired cartridge casings found by police outside of Junior Food
Market. . . . Detective Swan testified that three (3) 80-caliber fired
cartridge casings, seven (7) 40-caliber fired cartridge casings[,]
and five (5) copper projectiles were recovered by police and
marked on a Philadelphia Police property receipt. . . .
* * *
-2-
J-S20010-26
[The] Commonwealth called Philadelphia Police Detective Ryan
Moore as its second witness. Detective Moore testified that he
went to the crime scene with Detective Michael Hardcastle on the
day following the shooting to recover surveillance video from
Junior Food Market. Detective Moore recovered surveillance video
of the alleged shooting and filled out a Philadelphia Police
Surveillance Video Recovery Form. Detective Moore testified that
the surveillance footage was offset from [the] U.S. Naval
Observatory Time Clock by approximately two (2) second[s] and
explained how he confirmed the date and time of the recovered
surveillance video.
[The] Commonwealth then offered exhibit “C-8.2” for evidence
and played it for the [trial court]. Commonwealth exhibit “C-8.2”
was a compilation video of the surveillance cameras inside and
outside of Junior Food Market. Detective Moore explained that the
surveillance video compilation was structured to capture the
totality of all individuals’ actions during the shooting. Exhibit “C-
8.2” depicts Appellant, who is wearing a black North Face jacket
with a grey hooded sweatshirt underneath, grey Under [Armour]
sweatpants and black sneakers, playing a skill game machine in
the back of Junior Food Market. Appellant, McMillan[,] and
another individual appear to engage in conversation across the
store[,] which becomes increasingly hostile. Appellant then steps
behind the skill game machine into the store’s other aisle, pulls a
mask up over his nose and mouth, and all three men
simultaneously draw firearms. McMillan discharges his firearm
first and strikes one of the skill game machines. The man who was
standing beside Appellant takes cover behind the skill game
machines and points his firearm towards McMillan but does not
fire. McMillan steps backward to exit the store and Appellant then
runs towards the entrance and unsuccessfully attempts to
discharge his firearm. Appellant then reaches his left hand toward
his firearm to seemingly chamber a cartridge. Appellant exits the
store and again encounters McMillan[,] who repeatedly discharges
his firearm. Appellant attempts to run away down Arch Street to
take cover and discharges his firearm towards McMillan.
Appellant’s firearm emits a cloud of white smoke[,] which
indicates that it was successfully discharged. Appellant continues
to run a few more yards before falling down due to being struck
by a bullet. The other man involved in the shooting exits Junior
Food Market shortly thereafter and crosses Arch Street while
running in the same direction as Appellant. The other man holds
up his firearm towards McMillan but does not appear to fire.
-3-
J-S20010-26
* * *
[The] Commonwealth moved exhibit “C-16” into evidence[,]
which was a certificate showing that Appellant did not have a valid
license to possess a firearm. [The] Commonwealth then moved
exhibit “C-17” into evidence[,] which was a certification of prior
conviction for [] robbery under docket CP-51-CR-0008162-2023.
As a result of the [] robbery conviction, Appellant was statutorily
ineligible to possess a firearm. . . .
Defense counsel called Appellant to testify as their sole witness.
Appellant testified that on November 27, 2022, he went to Junior
Food Market to play a [skill game] machine at the rear of the
store. Appellant played the [skill game] machines with a man
known to him as “Dave.” Appellant testified that while he was
playing the [skill game] machine, he noticed McMillan and a
woman enter the store. McMillan approached Appellant and asked
if he had, “weed or Xanax or E pills” and Appellant responded,
“No.” Appellant and the other men playing the [skill game]
machines ignored McMillan and he then stated, “Y’all are not
leaving this store.” Appellant testified that he saw a bulge in
McMillan’s shirt and believed that he was in danger. Appellant
stated that he walked around to the aisle to exit the store when
he heard gunshots. Appellant then ran towards the front of the
store to escape. Appellant denied discharging a firearm while
inside Junior Food Market. Appellant exited the store and found
himself standing approximately two (2) feet from McMillan.
Appellant ran to the right, eastbound on Arch Street towards 51 st
Street. Appellant testified that[,] as he was running, he heard
multiple gunshots and felt a bullet strike his buttocks. Appellant
stated that[,] after he was shot, he turned around and attempted
to return fire with a starter pistol before collapsing in an alleyway.
Appellant testified that he did not remember anything else until
he woke up in the hospital. Appellant explained that he had the
starter pistol because he was going to use it as a prop in a music
video he planned to make later that day. According to Appellant,
the starter pistol did not fire real bullets. Appellant argued that
he had an opportunity to shoot McMillan while in the store but did
not have a real, working firearm.
* * *
-4-
J-S20010-26
Ultimately, [the trial court] found Appellant guilty of aggravated
assault, [persons not to possess firearms], firearms not to be
carried without a license, carrying firearms in public in
Philadelphia, simple assault[,] and [recklessly endangering
another person]. [The trial court] found that Appellant was not
guilty of conspiracy and possession of an instrument of crime with
intent.
On April 7, 2025[, the trial court held] a sentencing hearing for
Appellant.
* * *
[The trial court] carefully considered the testimony and argument
heard by both parties. [The trial court] found that Appellant had
opportunities to prevent his involvement in the shooting incident
and failed to do so. [The trial court] noted that Appellant caused
danger to the public due to his actions. [The trial court]
determined that Appellant should receive a mitigated sentence of
six (6) to twelve (12) years of incarceration followed by three (3)
years of reporting probation.
On April 12, 2025, Appellant filed a timely post sentence motion.
In Appellant’s post sentence motion, he argued that evidence
presented at trial was insufficient to support a conviction, that the
verdict was against the weight of the evidence[,] and asked that
the [trial court] reconsider its sentence. On May 30, 2025, [the
trial court] denied Appellant’s post sentence motion. On June 25,
2025, Appellant filed a timely notice of appeal to the Superior
Court. On June 30, 2025, [the trial court] ordered Appellant to
file a statement of errors complained of on appeal . . . pursuant
to Pa.R.A.P. 1925(b). Appellant filed [his Rule 1925(b) statement]
on July 21, 2025.
Trial Ct. Op., 10/27/25, at 1-11 (citations and footnotes omitted; formatting
altered). The trial court subsequently filed an opinion pursuant to Pa.R.A.P.
1925(a).
Appellant raises the following issues for our review:
-5-
J-S20010-26
1. Whether the evidence was not sufficient to establish that
[Appellant] caused or attempted to cause serious bodily injury
to complainant [] as to aggravated assault (F1)?
2. Whether the evidence was not sufficient to establish that
[Appellant] possessed a firearm as to [persons not to possess
firearms]?
3. Whether the evidence was not sufficient to establish that
[Appellant] possessed a firearm as to [firearms not to be
carried without a license]?
4. Whether the evidence was not sufficient to establish that
[Appellant] possessed a firearm as to [carrying firearms in
public in Philadelphia]?
5. Whether the evidence was not sufficient to establish that
[Appellant] caused or attempted to cause bodily injury to
complainant [] as to simple assault (M2)?
6. Whether a conviction for causing or attempting to cause serious
bodily injury to complainant [] as to aggravated assault (F1),
was against the weight of the evidence when the firearm
[Appellant] possessed was not tested and deemed to be
operable, no shell casings matched the firearm, the firearm
was never recovered, [Appellant] offered an explanation for the
firearm and the complainant did not testify?
7. Whether a conviction for [persons not to possess firearms] was
against the weight of the evidence when the firearm
[Appellant] possessed was not tested and deemed to be
operable, no[] shell casings matched the firearm, the firearm
was never recovered, and [Appellant] offered an explanation
for the firearm and the complainant did not testify?
8. Whether a conviction for [firearms not to be carried without a
license] was against the weight of the evidence when the
firearm [Appellant] possessed was not tested and deemed to
be operable, no[] shell casings matched the firearm, the
firearm was never recovered and [Appellant] offered an
explanation for the firearm and the complainant did not testify?
9. Whether a conviction for [carrying firearms in public in
Philadelphia] was against the weight of the evidence when the
-6-
J-S20010-26
firearm [Appellant] possessed was not tested and deemed to
be operable, no[] shell casings matched the firearm, the
firearm was never recovered and [Appellant] offered an
explanation for the firearm and the complainant did not testify?
10. Whether a conviction for causing or attempting to cause
bodily injury to complainant [] as to simple assault (M2), was
against the weight of the evidence when the firearm
[Appellant] possessed was not tested and deemed to be
operable, no shell casings matched the firearm, the firearm
was never recovered, [Appellant] offered an explanation for the
firearm and the complainant did not testify?
11. Whether it was an abuse of discretion to admit into evidence
video from any store, private business or private person
without proper authentication?
12. Whether it was an abuse of discretion for the trial court not
to consider all of the relevant sentencing factors?
Appellant’s Brief at 6-9 (some formatting altered). 2
____________________________________________
2 Noting the number of issues Appellant raises on appeal, we refer to the oft-
cited quote from the late Judge Ruggero J. Aldisert of the United States Court
of Appeals for the Third Circuit:
With a decade and a half of federal appellate court experience
behind me, I can say that even when we reverse a trial court, it is
rare that a brief successfully demonstrates that the trial court
committed more than one or two reversible errors . . . When I
read an appellant’s brief that contains ten or twelve points, a
presumption arises that there is no merit to any of them. I do not
say this is an irrebuttable presumption, but it is a presumption
nevertheless that reduces the effectiveness of appellate advocacy.
Appellate advocacy is measured by effectiveness, not
loquaciousness.
Commonwealth v. Lutes, 793 A.2d 949, 955 n.1 (Pa. Super. 2022)
(citations and quotation marks omitted).
-7-
J-S20010-26
Sufficiency of the Evidence
In his first five issues, Appellant raises a challenge to the sufficiency of
the evidence presented by the Commonwealth relating to his convictions of
persons not to possess firearms, carrying firearms without a license, carrying
firearms in public in Philadelphia, aggravated assault, and simple assault. See
id. at 16-23.
When reviewing a challenge to the sufficiency of the evidence, we are
governed by the following standard:
A claim challenging the sufficiency of the evidence is a question of
law. Evidence will be deemed sufficient to support the verdict
when it establishes each material element of the crime charged
and the commission thereof by the accused, beyond a reasonable
doubt. Where the evidence offered to support the verdict is in
contradiction to the physical facts, in contravention to human
experience and the laws of nature, then the evidence is insufficient
as a matter of law. When reviewing a sufficiency claim, the court
is required to view the evidence in the light most favorable to the
verdict winner giving the prosecution the benefit of all reasonable
inferences to be drawn from the evidence.
In applying the above test, we may not reweigh the evidence and
substitute our judgment for the fact-finder.
Commonwealth v. Lawrence, 313 A.3d 265, 278 (Pa. Super. 2024)
(citations omitted). When reviewing a conviction for the sufficiency of the
evidence, we evaluate the entire record, and we must consider all evidence
actually received at trial. See Commonwealth v. Holt, 270 A.3d 1230, 1233
(Pa. Super. 2022).
-8-
J-S20010-26
Firearms Offenses
Relating to his convictions for the three firearms offenses, Appellant
raises the following argument:
The Commonwealth never recovered the firearm. No fired
cartridge casings were associated with any firearm associated with
[Appellant. Appellant] testified that he possessed a starter pistol.
No witnesses testified that they saw and heard [Appellant] firing
a weapon. There is insufficient evidence that [Appellant]
possessed a firearm . . .
Appellant’s Brief at 19, 20, 21 (citations omitted).
The three firearms offenses of which Appellant was convicted all share
the common element of either possession or carrying of a firearm. See 18
Pa.C.S. §§ 6105(a)(1) (prohibiting persons convicted of certain offenses from
possessing firearms in this Commonwealth); 6106(a)(1) (prohibiting the
carrying of a concealed firearm in certain circumstances without a license);
6108 (prohibiting the carrying of a firearm without a license on the public
streets or public property in Philadelphia). Possession can be established “by
proving actual possession, constructive possession, or joint constructive
possession.” Commonwealth v. Parrish, 191 A.3d 31, 36 (Pa. Super. 2018)
(citation omitted).
Here, the trial court addressed Appellant’s claims as follows:
[The trial court] heard testimony from . . . Detective [] Swan[,]
who stated that there were two types of fired cartridge casings
found at the scene. Detective Swan testified that there were three
(3) 80-caliber fired cartridge casings and seven (7) 40-caliber
fired cartridge casings recovered by Philadelphia Police. This was
compelling circumstantial evidence that there were two firearms
-9-
J-S20010-26
discharged during the shooting incident in and around Junior Food
Market.
[The trial court] next heard testimony from . . . Detective []
Moore, who collected surveillance video of the shooting incident
and compiled it into a compilation . . . marked as Commonwealth
exhibit “C-8.2.” [The trial court] viewed video evidence of the
shooting incident[,] which provided uncontroverted evidence that
Appellant was in possession of an operable firearm. Appellant was
captured on surveillance video as he removed a firearm from his
waistband and attempted to fire towards McMillan while inside
Junior Food Market. After Appellant exits Junior Food Market, he
is seen pointing his firearm towards McMillan again as he
discharges the weapon. The firearm is clearly operable due to the
white smoke seen after it is fired. While the other individual with
Appellant does point his firearm towards McMillan as well, there is
never a muzzle flash or an emission of white smoke to indicate
that it was discharged and therefore the source of one of the two
fired cartridge casings.
[The trial court] then heard from Appellant[,] who testified that
the firearm seen in the video surveillance was a starter pistol and
not an operable firearm. As only two types of fired cartridge
casings were found at the crime scene and white smoke is seen
being emitted from Appellant’s firearm on the surveillance video
compilation, [the trial court] found Appellant’s testimony to be
unreliable.
Ultimately, the fired cartridge casings, surveillance video[,] and
testimony heard by the [trial court] provided sufficient evidence
that Appellant possessed a firearm and therefore the convictions
[the firearms offenses] were proper.
Trial Ct. Op., 10/27/25, at 17-19 (citations omitted).
Viewing the evidence presented at trial in the light most favorable to the
Commonwealth as the verdict winner, we conclude that the evidence was
sufficient for the trial court to convict Appellant of the firearms possessions.
See Lawrence, 313 A.3d at 278. As noted by the trial court, the
Commonwealth presented a compilation video of surveillance footage in the
- 10 -
J-S20010-26
area at the time of the shooting. See N.T. Trial, 8/12/24, at 28, 36. During
Detective Moore’s testimony, the Commonwealth played portions of the
compilation video, which the trial court described as provided “uncontroverted
evidence that Appellant was in possession of an operable firearm.” See id. at
28, 32, 36; see also Trial Ct. Op., 10/27/25, at 18. Further, the
Commonwealth presented testimony from Philadelphia Police Officer Ivannil
Rosario, who testified that he watched the surveillance video referenced above
and he recognized Appellant, based upon his having interacted with Appellant
on multiple occasions. See N.T. Trial, 8/12/24, at 47, 49-50. Accordingly,
the Commonwealth presented sufficient evidence for the trial court to find that
Appellant possessed a firearm in violation of persons not to possess firearms
and carried a firearm in violation of firearms not to be carried without a license
and carrying firearms in public in Philadelphia. See 18 Pa.C.S. §§ 6105(a)(1),
6106(a)(1), 6108. Appellant, therefore, is not entitled to relief.
Aggravated Assault and Simple Assault
Appellant next raises a challenge to the sufficiency of the evidence as it
relates to his convictions of aggravated assault and simple assault. See
Appellant’s Brief at 16-18, 22-23. Specifically, Appellant contends that the
Commonwealth failed to sufficiently prove beyond a reasonable doubt that
Appellant had a specific intent to cause serious bodily injury, as it relates to
his aggravated assault conviction, or bodily injury, as it relates to his simple
assault conviction. See id. at 18, 23.
- 11 -
J-S20010-26
Aggravated assault is defined, in relevant part, as an “attempt[] to
cause serious bodily injury to another, or causes such injury intentionally,
knowingly or recklessly under circumstances manifesting extreme indifference
to the value of human life.” 18 Pa.C.S. § 2702(a)(1). As applied to
aggravated assault, an attempt “is demonstrated by proving that the accused
acted in a manner which constitutes a substantial or significant step toward
perpetrating serious bodily injury upon another[,] along with the intent to
inflict serious bodily injury.” Commonwealth v. Gruff, 822 A.2d 773, 776
(Pa. Super. 2003) (citation omitted). Serious bodily injury is “[b]odily injury
which creates a substantial risk of death or which causes serious, permanent
disfigurement, or protracted loss or impairment of the function of any bodily
member or organ.” 18 Pa.C.S. § 2301. “Intent can be proven by direct or
circumstantial evidence; it may be inferred from acts or conduct or from the
attendant circumstances.” Commonwealth v. Miller, 172 A.3d 632, 641
(Pa. Super. 2017) (citation omitted and some formatting altered). Of
relevance here, simple assault is a lesser included offense of aggravated
assault. See Commonwealth v. Verticelli, 1827 EDA 2021, 2023 WL
4760743 at *5 (Pa. Super. filed July 26, 2023) (unpublished mem.) 3 (citing
Commonwealth v. Sirianni, 428 A.2d 629, 632-33 (Pa. Super. 1981)).
Here, the trial court reached the following conclusion relating to
Appellant’s conviction of aggravated assault:
____________________________________________
3 We may cite to this Court’s unpublished memoranda filed after May 1, 2019
as persuasive authority. Pa.R.A.P. 126(b).
- 12 -
J-S20010-26
[The trial court] heard testimony from . . . Detective [] Swan
which indicated that there were two types of fired cartridge
casings found at the scene. Detective Swan testified that there
were three (3) 80-caliber fired cartridge casings and seven (7) 40-
caliber fired cartridge casings recovered by Philadelphia Police.
This was compelling circumstantial evidence that two individuals
discharged firearms during the shooting incident in and around
Junior Food Market.
[The trial court] next heard testimony from Philadelphia Police
Detective Ryan Moore who collected surveillance video from Junior
Food Market and other businesses in the area surrounding the
shooting incident. Moore testified that he compiled the
surveillance video into a compilation which was marked as
Commonwealth exhibit “C-8.2.” This surveillance video of the
shooting[,] provided uncontroverted evidence that McMillan and
Appellant discharged firearms in and around Junior Food Market.
Appellant is shown pointing and attempting to discharge a firearm
towards McMillan while inside Junior Food Market. After Appellant
exits Junior Food Market, he is seen discharging his firearm
towards McMillan as he flees. It is evident that Appellant
discharged his firearm due to the white smoke that is emitted after
firing.
Finally, [the trial court] heard testimony from Appellant[,] which
proved that he was in Junior Food Market and was involved in the
shooting. Appellant testified that after he was shot in his buttocks,
he pointed a starter pistol towards McMillan and attempted to fire
it. Appellant’s testimony was not found to be credible by [the trial
court] due to previous testimony and the video surveillance
compilation which clearly shows that Appellant discharged[] his
firearm prior to being struck by a bullet.
[The trial court] heard compelling, uncontroverted evidence which
established all of the elements of [aggravated assault]. Appellant
attempted to cause serious bodily injury to McMillan when he
unsuccessfully attempted to discharge his firearm at McMillan
inside Junior Food Market and when he successfully discharged a
firearm towards McMillan outside of the store. The specific intent
to injure McMillan can be inferred from the circumstances
established by evidence offered to the [trial court].
- 13 -
J-S20010-26
Trial Ct. Op., 10/27/25, at 15-16 (discussing Appellant’s aggravated assault
conviction); see also id. at 19 (discussing Appellant’s simple assault
conviction).
As noted by the trial court, the surveillance video played during trial
depicted Appellant firing a gun in the direction of McMillan. See id. at 15-16,
19. Moreover, Appellant, in his own testimony, admitted to firing a starter
pistol at McMillan after Appellant had been hit by gunfire. See N.T. Trial,
8/12/24, at 64.4 Based upon our review of the evidence, we find that the
Commonwealth presented sufficient evidence to warrant convictions for both
aggravated assault and simple assault. See Lawrence, 313 A.3d at 278. The
evidence reflects that[,] by firing his gun toward McMillan, Appellant acted in
a manner which constitutes a substantial or significant step toward
perpetrating serious bodily injury upon another along with the intent to inflict
serious bodily injury. See Gruff, 822 A.2d at 776. Accordingly, the
Commonwealth met its burden of presenting sufficient evidence for the trial
court to convict Appellant of aggravated assault. Because simple assault is a
lesser included offense of aggravated assault, the Commonwealth has likewise
met its burden of proof as it relates to Appellant’s simple assault conviction.
____________________________________________
4 In its opinion, the trial court notes that it found Appellant’s testimony that
he fired a starter pistol as compared to an operable firearm to be “unreliable.”
See Trial Ct. Op., 10/27/25, at 18. We may not substitute our judgment for
that of the trial court, which functioned as the finder of fact in this case, nor
may we re-weigh the evidence. See Lawrence, 313 A.3d at 278.
- 14 -
J-S20010-26
See Verticelli, 2023 WL 4760743 at *5; Sirianni, 428 A.2d at 632-33.
Accordingly, Appellant is not entitled to relief.
Weight of the Evidence
In his next five issues, Appellant raises challenges as to the weight of
the evidence relating to his convictions of aggravated assault, simple assault,
persons not to possess firearms, carrying firearms without a license, and
carrying firearms in public in Philadelphia. See Appellant’s Brief at 23-28. As
to the firearms offenses, Appellant argues:
No firearms were test fired for operability. No firearms were
recovered. No witnesses at the store testified in court. No gun
shot [sic] residue test was done on [Appellant’s] clothing. There
was no testimony of fired cartridge casing matching a firearm
possessed by [Appellant]. The complainant did not testify in
court. No witnesses from the store testified in court.
Id. at 25, 26, 27. As to his convictions for aggravated assault and simple
assault, Appellant argues:
No witnesses at the store testified in court. The complainant did
not testify in court. [Appellant] stated he possessed a starter
pistol. Detective Swan came to the location after the shooting and
processed the scene. No shooters were there. No injured victims
were there. He did not testify about taking witness statements.
Detective Moore came to the location the next day and recovered
video. The video had no sound. The only person injured was
[Appellant].
Id. at 24, 28 (citations omitted).
When reviewing a challenge to the weight of the evidence, we are
governed by the following standard of review:
- 15 -
J-S20010-26
A motion for a new trial based on a claim that the verdict is against
the weight of the evidence is addressed to the discretion of the
trial court. A new trial should not be granted because of a mere
conflict in the testimony or because the judge on the same facts
would have arrived at a different conclusion. Rather, the role of
the trial judge is to determine that[,] notwithstanding all the facts,
[whether] certain facts are so clearly of greater weight that to
ignore them or to give them equal weight with all the facts is to
deny justice.
An appellate court’s standard of review when presented with a
weight of the evidence claim is distinct from the standard of review
applied by the trial court. Appellate review of a weight claim is a
review of the [trial court’s] exercise of discretion, not of the
underlying question of whether the verdict is against the weight
of the evidence.
Commonwealth v. Windslowe, 158 A.3d 698, 712 (Pa. Super. 2017)
(citations omitted).
As this Court has repeatedly stated,
[t]he weight of the evidence is exclusively for the finder of fact,
who is free to believe all, none, or some of the evidence and to
determine the credibility of the witnesses. Resolving contradictory
testimony and questions of credibility are matters for the finder of
fact. It is well-settled that we cannot substitute our judgment for
that of the trier of fact.
* * *
Because the trial judge has had the opportunity to hear and see
the evidence presented, an appellate court will give the gravest
consideration to the findings and reasons advanced by the trial
judge when reviewing a trial court’s determination [of whether]
the verdict is against the weight of the evidence. One of the least
assailable reasons for granting or denying a new trial is the lower
court’s conviction that the verdict was or was not against the
weight of the evidence and that a new trial should be granted in
the interest of justice.
- 16 -
J-S20010-26
Furthermore, in order for a defendant to prevail on a challenge to
the weight of the evidence, the evidence must be so tenuous,
vague and uncertain that the verdict shocks the conscience of the
court.
Commonwealth v. Spence, 290 A.3d 301, 311 (Pa. Super. 2023) (citations
omitted and formatting altered).
Here, the trial court addressed Appellant’s weight of the evidence claim
as follows:
The evidence offered to the [trial court] was not so tenuous, vague
and uncertain that the verdict shocks the conscience of the court.
[The trial court] heavily weighed the evidence of fired cartridge
casings[,] which was circumstantial evidence that Appellant and
McMillan discharged firearms towards each other. [The trial court]
also [accorded] considerable weight to the surveillance video
offered by [the] Commonwealth[,] which clearly depicted McMillan
and Appellant exchanging gunfire in and around Junior Food
Market. [The trial court] heard the testimony of Appellant and did
not find it to be credible in light of other evidence offered. Due to
the compelling physical evidence and surveillance video, [the trial
court] did not require that [the] Commonwealth produce the
firearm that Appellant used in the shooting or provide further
proof that the firearm was operable. Evidence clearly showed that
Appellant possessed a firearm and discharged it towards McMillan.
Accordingly, [the trial court’s] verdict was not against the weight
of the evidence.
Trial Ct. Op., 10/27/25, at 22-23 (citations omitted).
Following our review of the record, we discern no abuse of discretion by
the trial court. See Windslowe, 158 A.3d at 712. The main thrust of
Appellant's weight of the evidence argument asks this Court to reweigh the
evidence—seemingly to find Appellant’s testimony that he was only firing a
starter pistol to be credible—which is beyond this Court's purview. See
Commonwealth v. Mosley, 114 A.3d 1072, 1087 (Pa. Super. 2015) (stating
- 17 -
J-S20010-26
that credibility determinations are “solely within the province of the
[factfinder]” (citation omitted)). Further, the trial court, as factfinder, was
free to determine the credibility of the witnesses and to weigh the evidence.
See Spence, 290 A.3d at 311. Accordingly, the trial court did not abuse its
discretion in denying Appellant’s weight claim and no relief is due.
Authenticity of Evidence
Next, Appellant contends that the trial court erred when it admitted a
compilation video prepared by Detective Moore into evidence. See Appellant’s
Brief at 28-30. Specifically, Appellant argues that the “video operators from
the two stores [from which Detective Moore compiled footage] did not
establish that the videos were a fair and accurate representation of the
recording.” Id. at 29-30. The Commonwealth argues that Appellant’s claim
is waived on appeal because he failed to raise a contemporaneous objection
at trial, thereby failing to preserve the claim for appellate review. See
Commonwealth’s Brief at 16.
Initially, we must determine whether Appellant has preserved this issue
for appellate review. It is well settled that “[t]he absence of a
contemporaneous objection below constitutes a waiver of the claim on
appeal.” Commonwealth v. Rodriguez, 174 A.3d 1130, 1145 (Pa. Super.
2017) (citations omitted and some formatting altered); see also Pa.R.A.P.
302(a) (stating that “[i]ssues not raised in the trial court are waived and
cannot be raised for the first time on appeal”). As this Court has explained,
the trial court must be given “an opportunity to correct errors at the time they
- 18 -
J-S20010-26
are made. A party may not remain silent and afterwards complain of matters
which, if erroneous, the court would have corrected.” Commonwealth v.
Strunk, 953 A.2d 577, 579 (Pa. Super. 2008) (citations omitted and some
formatting altered). Further, our Supreme Court has stated that “[t]he rule
is well settled that a party complaining, on appeal, of the admission of
evidence in the court below will be confined to the specific objection there
made.” Commonwealth v. Cousar, 928 A.2d 1025, 1041 (Pa. 2007)
(citations omitted).
In its Rule 1925(a) opinion, the trial court explained that Appellant
waived any argument as to the authenticity of the compilation video prepared
by Detective Moore. See Trial Ct. Op., 10/27/25, at 26-27. The trial court
further concluded that Appellant’s evidentiary claim is without merit. See id.
at 28-30.
The record reflects that, while Appellant raised an objection upon the
introduction of the compilation video into evidence, that objection did not
relate to the authenticity of the video. See N.T. Trial, 8/12/24, at 26.5 At no
point did Appellant raise an objection as to the authenticity of the video.
Likewise, Appellant did not raise an objection when the trial court admitted
the compilation video into evidence. See id. at 57. Accordingly, because
____________________________________________
5 Appellant’s objection related to the fact that the surveillance video reco