People v. Fernandez

OPINION OF THE COURT

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, 1990, at approximately 2:00 a.m., Yanira Correa was walking with a group of teenaged friends in the vicinity of 164th Street and River Avenue in the Bronx after leaving a park.…