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ST. HELEN v. SENKOWSKI

Docket No. 03-2777.

374 F.3d 181 (2004)

George ST. HELEN, Petitioner-Appellee, v. Daniel A. SENKOWSKI, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 6, 2004.

Attorney(s) appearing for the Case

Robert N. Isseks, Middletown, N.Y. for Appellee.

Edward D. Saslaw, Assistant District Attorney (Jeanine Pirro, District Attorney of Westchester County on the brief) White Plains, N.Y. for Appellant.

Before: WALKER, Chief Judge, WINTER and JACOBS, Circuit Judges.

PER CURIAM:

BACKGROUND

We presume awareness of the background of this case and recite only the following details relevant to disposing of the appeal before us. Claiming that he was playing a joke on his friend, Rosmarie Taylor, George St. Helen placed a revolver loaded with one bullet on Taylor's buttocks and pulled the trigger twice. The bullet was in the second chamber of the revolver, and, on the second trigger-pull, the gun fired, injuring Taylor...

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