In Re Palermo on Habeas Corpus

Opinion

SCOTLAND, P. J.

In June 1987, when he was 21 years old, Darin Palermo (defendant) fatally shot his former girlfriend, Andrea Naftel (the victim), while she was sitting on the toilet in the bathroom of defendant’s apartment.

According to defendant’s version of the incident, he and the victim had planned to go target shooting together. Believing that he had emptied the bullets from his revolver, defendant foolishly began to play “cowboy” and dry fired the weapon twice as he walked down the hallway toward the bathroom. He then stood in the open doorway to the bathroom, took aim, and fired…