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PEOPLE v. LEONA ST. HELEN

293 A.D.2d 765 (2002)

742 N.Y.S.2d 640

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GEORGE LEONA ST. HELEN, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided April 29, 2002.

Ordered that the judgment is affirmed.

The defendant pointed a gun loaded with two bullets at the victim. He pulled the trigger twice, and the gun discharged. The victim later died of complications from the resulting injuries. The defendant claimed that while he knew the gun was loaded, he believed that there were no bullets in its first two chambers. He claimed that he was only playing a game with the victim, and that the shooting was an accident.

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