Court of Appeals for the Second Circuit July 6, 2004, Docket 03-2777 (George St. Helen v. Daniel A. Senkowski)

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.