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be NO Case 1:20-cr-00330-PAE LBITMAX3 THE COURT: for purposes of Ww ws Oo OY ~] oO Ke) a oO he be No (ee) Document 465 That's becaus Filed 11/15/21 th Page 73 of 127 relevant age of 73 consent the case that the government is trying to prove is the New York statute, which sets 17 as the age of consent, and this individual was -- sorry, under 17 is the age of consent, and this individual, when the government understands sexual conduct to have occurred, was 17, correct? MS. MOE: That's correct, your Honor. THE COURT: Okay. MS. MOE: t's nonetheless our position this is direct evidence for a number of reasons. First, it's —- THE COURT: Direct evidence of what? MS. MOE: Of the charged conspiracy. In part because this conduct occurred at the s ngaged in conduct Oo _ OY a ~] a oO a Ke} 20 21 22 23 24 25 testimony will est tablish a pat their testimony and demonstrat ame tim the def t with respec the other victims, is corroborative of ndant was and her ct to tern that s the def With respect to the issue —- intent. THE 404(b), right, MS. MOE: COURT: certainly be required to prove at trial the det No, your Honor. You've slid between knowledge and intent to commit de to that issue. fendant's conduct wit th respect In particular, direct videnc ndant's knowledge and and knowledge and intent? these crimes. SOUTHERN D STR CT RE (212) 805-0300 PORTERS, P. So the The government will Fendant's to this victim goes directly [ take the Court's point with DOJ-OGR-00007124