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be N Ww ws Oo OY ~] oO WO a oO = be N Ww = Hs Oo a OY a ~] a oO a Ke) 20 21 22 23 24 25 Case 1:20-cr-00330-PAE Document 765 Filed 08/10/22 Page 8 of 95 2746 LCI IMAX1 now reads, "C ount One relates to multiple alleged victims in the time period 1994 into 2004." We believe it should read, "Count One relates solely to Jane and the time period 1994 to 200 4." And I THE can explain, if you Like, your Honor. COURT: Let me just get my eyes on it. Okay. MR. EVERDELL: So, your Honor, this is an issue think we've gone back and forth on quite a bit in the motions in limine. But with respect to the government's theory of the conspiracy and of the substantive counts, enticement and transportation, so Counts One through Four, is that the underlying object was a violation of New York law, right, Section 130.55. So there has to b the object of this conspiracy is a violation of New York law. With respect to Kat e, there w as no violation of New York law. Your Honor already instructed the jury that they can't consider that evi age thi dence for purposes of conviction because she was above the of consen ng with —- LEE, t. There was no violation of New York law. Same COURT: Well, just to be slightly more precise, they can't convict on that count based solely on the evidence of the may the conduc t involving her. MR. Court als EFVERDELL: Correct. And with respect to Annie, o instructed that this is -- whatever conduct they find that she talked about in New Mexico, was not illegal SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00014312