This legal document excerpt from a court case details a judge's decision to reject a jury instruction proposed by the defendant, Maxwell. Judge Nathan ruled that Maxwell's requested instruction was incorrect, explaining that alleged sexual activity with the victim, Jane, in New Mexico could be relevant to proving intent for the charges under New York law. The judge ultimately decided to redirect the jury back to the original charge rather than adopt the defense's proposed language.
| Name | Role | Context |
|---|---|---|
| Jane | Victim/Witness |
Mentioned as the subject of testimony regarding abuse in New Mexico and transport to New York for sexual activity.
|
| Maxwell | Defendant |
Mentioned as having asked for a specific jury instruction, which was rejected by the judge.
|
| Judge Nathan | Judge |
Mentioned as the judge who rejected Maxwell's request for a jury instruction and provided her own reasoning and instr...
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| Location | Context |
|---|---|
|
Location where Jane was allegedly abused, and the relevance of this activity to the charges was debated.
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Location relevant to the charges, specifically the intent to transport Jane there for sexual activity and the applica...
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"[a]n intent that Jane engage in sexual activity in any state other than New York cannot form the basis of these two elements of Counts Two and Four."Source
"just wrong"Source
"This is the same discussion we’ve had a couple of times . . . . Sexual activity with respect to Jane in New Mexico under the age of 17 can be relevant to an intent to transport to New York to engage in sexual activity under the age of 17 . . ."Source
"not know how to parse the jury’s question exactly,"Source
"it’s a violation of New York penal law that’s charged and is the illegal sexual activity that they’re considering."Source
"I have no idea if that’s what the jury is asking or many other plausible readings,"Source
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