David Policano v. Victor T. Herbert

REENA RAGGI, Circuit Judge, with whom Chief Judge WALKER, Judge JACOBS, Judge CABRANES, and Judge WESLEY, join,

dissenting.

On this appeal from the grant of a writ of habeas corpus to a New York State prisoner who raised a sufficiency challenge to his second degree murder conviction, see N.Y. Penal Law § 125.25, a panel of this court finds that “there is no doubt that [Policano] intended to kill his victim,” Policano v. Herbert, 430 F.3d 82, 91 (2d Cir.2005); see also Policano v. Herbert, No. 02-1462, 2004 WL 1960203, 2004 U.S. Dist. LEXIS 17785 (E.D.N.Y. Sept. 7, 2004). This conclusion is not,…