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A fifteen-year-old boy loaded live and dummy shells into a shotgun, pointed it at the thirteen-year-old victim and said Let's play Polish roulette. Who is

A fifteen-year-old boy loaded live and dummy shells into a shotgun, pointed it at the thirteen-year-old victim and said "Let's play Polish roulette. Who is first?" then pulled the trigger [People v. Roe, 542 N.E.2d 610 (N.Y. 1989)]. What is mens rea in this killing, and, therefore, what is the proper charge

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