No, only one was provided in the jury instructions and it was the NY campaign finance law. There were options provided as to the unlawful means by which he violated the NY campaign finance law. |
How is that precedential to a New York State court case? |
You didn't even have time to review what was posted. Go away. |
Very convincing! You’re definitely changing minds with that attitude. |
"[T]he jury [in a RICO case] must be unanimous not only that at least two [predicate] acts were proved, but must be unanimous as to each of two predicate acts. United States v. Gotti, 451 F.3d 133, 137 (2d Cir. 2006)" There are others, both federal and state. Do a bit of searching. Apparently the issue has not been addressed with respect to the NY statute at issue. So there is some question as to how an appellate court would (will) rule. |
I read it. Here’s the most important part. “As for New York state law, I have found no positive law, case law, or model jury instructions that are on-point and explain the application of state and federal jury-unanimity constitutional requirements to a Section 17-152 violation.” |
New York state law and the New York Constitution cannot abrogate the U.S. Constitution or SCOTUS decisions and reights granted therein. Is this rocket science for you? |
That just means that the question as to this staute has not been answered as yet. Which makes this a perfect case to appeal and given the authority requiring unanimity for the predicate acts, don't be surprised if Trump wins. The judge and prosecution flunked this. |
Someone posted the applicable case law on this point upthread. I didn't write it down so I can't cite it - but this isn't a novel question. Sorry not sorry. |
They aren't New York cases. It is a novel question. |
That's right! Describing the crime during the trial is a waste of time because we'd have to present evidence and witnesses that can be cross examined. Orange man doesn't deserve that! It's best to simply provide some ideas to the 100% democrat jury during instructions and let them pick what sounds appropriate. The appeals courts are packed with judges who hate his guts. Good luck, Orange man! |
NP here. The way this issue is handled in the context of RICO is not controlling of how it might be handled with respect to this state statute. You’re wrong. |
Schad v Arizona, 1991 SCOTUS decision: jury must be unanimous on elements on crime, but not on means and manner. |
They were also specified in the bill of particulars a year ago. And there was plenty of testimony and evidence in regards to them. All the testimony about whether she was hushed up because of the campaign instead of because of Melania, for instance. |