DOJ-OGR-00017341.jpg

Case 1:20-cr-00330-PAE Document 775 ~—~ Filed 08/10/22 Page 8 of 16 3154 to violate New York law, urred in New Mexico, that wouldn't be a violate this section of New York law in New Mexico. convict on Count Four and Count Two, then that would be and that's why I think a to convict on Count Four or Count Two because and you can't if that's all they're considered on a basis to fies that point is warranted in this case, but I understand the Court has rejected that. think the instruction is correct that I The reading of the note that you've would be incorrect. So, and what you've proposed, sent them back to the charge. LCSCMAXT 1 activity that occ 2 sufficient basis 3 it requires an intent 4 5 So 6 7 insufficient and improper, 8 supplemental instruction that clarit 9 10 And that's all. 11 THE COURT: L 12 referred them to. 13 suggested, I have no idea if tha 14 many other plausible readings, 15 just indicated, 16 precisely w 17 Anything else? 18 MR. EVERDELL: No, 19 THE COURT: As 20 end of the day, 21 interruption of trial, 22 exposure to either a juror or trial 23 quarantine, 24 to continue del 25 I will wait until we given the increasing daily risk of your Honor. t's what the jury is asking or as you think that's why said, we'll s where we are at the but in light of the variant, my concern about participant requiring it is time to think to have the jurors make plans liberating until a verdict is reached. hear from the jury, otherwise SOUTH ERN D STR CT REPORTERS, P.C. (212) 805-0300 DOJ- OGR-00017341