Commonwealth v. Sholcosky

CAPPY, Justice,

concurring.

While I believe that the rationale of the dissent is meritorious, I am constrained to join the majority for the reasons noted in footnote one of the majority opinion, to wit, the issue addressed by the dissent regarding the application of the evidentiary rule announced in Commonwealth v. Brady, 510 Pa. 123, 507 A.2d 66 (1986) to opinion evidence, was not raised before the trial court nor offered on appeal by the Commonwealth, thus, the issue has been waived.