PEOPLE v. FERNANDEZ


88 N.Y.2d 777 (1996)

673 N.E.2d 910

650 N.Y.S.2d 625

The People of the State of New York, Respondent, v. Julio Fernandez, Appellant.

Court of Appeals of the State of New York.

Decided November 14, 1996.


Attorney(s) appearing for the Case

Mark W. Zeno, New York City, and Daniel L. Greenberg for appellant.

Robert T. Johnson, District Attorney of Bronx County, Bronx (Nancy D. Killian and Joseph N. Ferdenzi of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, BELLACOSA, SMITH, LEVINE and CIPARICK concur.


TITONE, J.

On this appeal we are asked by defendant to consider whether application of the doctrine of transferred intent renders attempted murder in the second degree a nonexistent crime under the circumstances presented. Concluding that the facts in this case do not implicate the transferred intent doctrine, we hold that defendant's conviction for attempted murder was properly affirmed.

On August 2...

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