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FERNANDEZ v. DUFRAIN

No. 97 CIV. 5995 LAK AJP.

11 F.Supp.2d 407 (1998)

Julio FERNANDEZ, Petitioner, v. Charles DUFRAIN, Superintendent, Respondent.

United States District Court, S.D. New York.

June 30, 1998.

Attorney(s) appearing for the Case

Julio Fernandez, Malone, NY, Pro Se.

Nancy D. Killian, Asst. District Attorney, Bronx County, Bronx, NY, Defendant's Counsel.

ORDER

KAPLAN, District Judge.

Petitioner Julio Fernandez is before this Court on a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Fernandez asserts that his conviction for attempted second degree murder is constitutionally infirm because (1) the issue of his intent to kill was submitted to the jury on a theory of transferred intent and (2) the jury's finding of intent to kill was not supported by sufficient evidence. For the reasons...

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