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Case 22-1426, Document 58_02/28/2093, 3475901, Page21 of 221 A-221 LCRVMAXT instruction. 20 21 22 23 24 25 3140 Clearly they are making an error concerning which state begins with "New." And I suggest that if the Court wishes to refer the fact tha them to the charge, the Court also clears up not New Mexico law. TH E, GQ to the whole ch clear. MS. The on entirety o fF the jury charge is a statu MOE t Count Four requires a violation of New York law, URT: That's certainly why we should refer them arge. That's what lines 7 through 10 make E: Yes, your Honor. ly illegal sexual activity identified in the te in New York. There cannot be any risk of confusion on that score. This particular charge reminds the jury ot fF that and includes that language as well. The jury has not been charged about any laws in New Mexico; so there can't be any risk of that reaso M about how t T My decision is to ref because it 1S a proper instruc H Bos il . EV, Nere E CO confusion for exactly ERDELL: I just don't understand the confidence can be no possible confusion —— URT: This conversation is stopping. Count Four. difficult So the only option in back to the count. Fer them back to this charge, tion on the second element to I do not know what this question means. It's too to parse factually and legally what they're asking. those circumstances is to direct them SOUTHERN DISTRICT REPORT (212) 805-0300 ERS, P.C. DOJ-OGR-00020847