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- "document_metadata": {
- "page_number": "37",
- "document_number": "22-1426",
- "date": "02/28/2023",
- "document_type": "court transcript",
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- "full_text": "Case 22-1426, Document 58, 02/28/2023, 3475901, Page37 of 221\nA-237\n3154\nLCSCMAXT\n1 activity that occurred in New Mexico, that wouldn't be a\n2 sufficient basis to convict on Count Four or Count Two because\n3 it requires an intent to violate New York law, and you can't\n4 violate this section of New York law in New Mexico.\n5 \n6 So if that's all they're considered on a basis to\n7 convict on Count Four and Count Two, then that would be\n8 insufficient and improper, and that's why I think a\n9 supplemental instruction that clarifies that point is warranted\n10 in this case, but I understand the Court has rejected that.\n11 And that's all.\n12 THE COURT: I think the instruction is correct that I\n13 referred them to. The reading of the note that you've\n14 suggested, I have no idea if that's what the jury is asking or\n15 many other plausible readings, and what you've proposed, as you\n16 just indicated, would be incorrect. So, I think that's why\n17 precisely we sent them back to the charge.\n18 Anything else?\n19 MR. EVERDELL: No, your Honor.\n20 THE COURT: As I said, we'll see where we are at the\n21 end of the day, but in light of the variant, my concern about\n22 interruption of trial, given the increasing daily risk of\n23 exposure to either a juror or trial participant requiring\n24 quarantine, it is time to think to have the jurors make plans\n25 to continue deliberating until a verdict is reached.\n26 I will wait until we hear from the jury, otherwise\n\nSOUTHERN DISTRICT REPORTERS, P.C.\n(212) 805-0300\n\nDOJ-OGR-00020863",
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- "content": "Case 22-1426, Document 58, 02/28/2023, 3475901, Page37 of 221",
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- "content": "A-237",
- "position": "header"
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- "type": "printed",
- "content": "3154\nLCSCMAXT\n1 activity that occurred in New Mexico, that wouldn't be a\n2 sufficient basis to convict on Count Four or Count Two because\n3 it requires an intent to violate New York law, and you can't\n4 violate this section of New York law in New Mexico.\n5 \n6 So if that's all they're considered on a basis to\n7 convict on Count Four and Count Two, then that would be\n8 insufficient and improper, and that's why I think a\n9 supplemental instruction that clarifies that point is warranted\n10 in this case, but I understand the Court has rejected that.\n11 And that's all.\n12 THE COURT: I think the instruction is correct that I\n13 referred them to. The reading of the note that you've\n14 suggested, I have no idea if that's what the jury is asking or\n15 many other plausible readings, and what you've proposed, as you\n16 just indicated, would be incorrect. So, I think that's why\n17 precisely we sent them back to the charge.\n18 Anything else?\n19 MR. EVERDELL: No, your Honor.\n20 THE COURT: As I said, we'll see where we are at the\n21 end of the day, but in light of the variant, my concern about\n22 interruption of trial, given the increasing daily risk of\n23 exposure to either a juror or trial participant requiring\n24 quarantine, it is time to think to have the jurors make plans\n25 to continue deliberating until a verdict is reached.\n26 I will wait until we hear from the jury, otherwise",
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- "type": "printed",
- "content": "SOUTHERN DISTRICT REPORTERS, P.C.\n(212) 805-0300",
- "position": "footer"
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- "type": "printed",
- "content": "DOJ-OGR-00020863",
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- "entities": {
- "people": [
- "MR. EVERDELL"
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- "organizations": [
- "SOUTHERN DISTRICT REPORTERS, P.C."
- ],
- "locations": [
- "New Mexico",
- "New York"
- ],
- "dates": [
- "02/28/2023"
- ],
- "reference_numbers": [
- "22-1426",
- "3475901",
- "DOJ-OGR-00020863"
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- "additional_notes": "The document appears to be a court transcript with a clear and legible format. There are no visible redactions or damage to the document."
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