DOJ-OGR-00016979.jpg

Case 1:20-cr-00330-AJN Document 765 Filed 08/10/22 Page 53 of 95 2791 LCI1MAX1 1 Jane, Jane was -- we would say the indictment alleges that Jane 2 was under the age of 17, in both 1 and 2. 3 THE COURT: All right. So let me just -- 4 MR. EVERDELL: Yeah. 5 THE COURT: Hang on. So this is Instruction 36, 6 line 11. 7 MR. EVERDELL: Correct. 8 THE COURT: Page 49. I'm going to change "reads" to 9 "alleges," and then line 12, we're going to say "when Jane was 10 under the age of 17," correct? 11 MR. EVERDELL: That's correct. 12 THE COURT: So that's line 12, subbing 17 for 18. 13 And then the next instance of that is line 14. 14 MR. EVERDELL: Correct, your Honor. 15 THE COURT "When Jane was under the age of 17." 16 MR. EVERDELL: Mm—-hmm. 17 THE COURT And then we get to line 16. 18 MR. EVERDELL: For this one, I would propose that we 19 simply, you know, eliminate the age, if they want to keep this 20 as an overt act and if we think it's proper for the jury to 21 consider Annie's testimony as a potential overt act in 22 furtherance of the conspiracy, even though the goal of the 23 conspiracy is a violation of New York law. So my first 24 objection is that I don't think you can actually consider 25 Annie's testimony as the overt act if what's described there is SOUTHERN DIS TR CT RE PORT ERS, (2 12) 805-030 0 PG ew DOJ-OGR-00016979