This legal document details a court's rejection of the defense's proposed jury instructions in a criminal case. The core dispute revolves around whether sexual activity with a minor named Jane in New Mexico is relevant to proving intent for a charge under New York law. The Court dismisses the defense's arguments as legally incorrect and refuses to alter its instructions to the jury based on the defense's interpretation of a jury note.
| Name | Role | Context |
|---|---|---|
| Jane | Subject of testimony |
Mentioned in relation to sexual activity in New Mexico and potential transport to New York.
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| Name | Type | Context |
|---|---|---|
| The Court | Judicial body |
The judicial authority ruling on the defense's proposals and instructing the jury.
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| Location | Context |
|---|---|
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Location relevant to the charges, specifically regarding its penal law and the destination of alleged transport.
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Location where sexual activity with Jane occurred, which is being discussed in terms of its relevance to the New York...
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"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, I think."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
"travels to and from New Mexico, solely in New Mexico cannot form the basis for a violation of New York law."Source
"wrong as a legal matter"Source
"[t]he reading of the note that you’ve suggested, I have no idea if that’s what the jury is asking or many other plausible readings, and what you’ve proposed, as you just indicated, would be incorrect. So, I think that’s why precisely we sent them back to the charge."Source
"the jurors had the mistaken impression that it would be sufficient to satisfy the second element of Count Four"Source
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