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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 LC Case 1:20-cr-00330-AJN Document 765 Filed 08/10/22 Page 8 of 95 2746 T1MAX1 now reads, "Count 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 2004." And I can explain, if you like, your Honor. think we've gone back and forth on quite a bit in oD Okay. limine. But with respect to the governmen MR. EVERDELL: So, your Honor, this is an issue THE COURT: Let me just get my eyes on it. t in the motions t's theory of the conspiracy and of the substantive counts, enticement and transportation, so Counts One through Four, underlying object was a violation of Section 130.55. So there has to b th is that the fF New York law, right, conspiracy is a violation of New York law. object of this With respect to Kate, there was no violation of New York law. already instructed the jury tha Your Honor t they can't consider that evidence for purposes of conviction because she was above the age of consent. There was no violation of New York law. Same thing with —- THE COURT: Well, just to be slightly more precise, they can't convict on that count based solely on the evidence of the conduct involving her. MR. EVERDELL: Correct. And with respect to Annie, the Court also instructed that this is -- whatever conduct they may find that she talked about in New Mexico, was not illegal SOUTHERN DISTRICT REPORTERS, (212) 805-0300 2) DOJ-OGR-00016934