People v. Fernandez

Judgment, Supreme Court, Bronx County (Phylis Skloot Bamberger, J.), rendered July 28, 1992, convicting defendant, after a jury trial, of attempted murder in the second degree, criminal possession of a weapon in the second degree and reckless endangerment in the first degree, and sentencing him, as a second felony offender, to concurrent terms of 6 to 12 years, 6 to 12 years, and 3 Vi to 7 years, respectively, unanimously affirmed.

There is no merit to defendant’s argument that the crime of attempted murder in the second degree under a theory of transferred intent (Penal Law § 125.25 [1]) is a…