Sure. No problem. Better yet below is the law and the precedent that Merchan was legally compelled to follow.
Also, in case you didn't know this. Blanche agreed this was the proper precedent during the arraignment.
Read People v. Taveras, 12 N.Y.3d 21, see flags on bad law, and search Casetext’s comprehensive legal database
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"We...reject defendant's contention that a separate crime automatically becomes a material element of falsifying business records in the first degree whenever the People rely on the “intent to conceal” prong of that statute on the theory that concealment, as opposed to an intent to commit another crime or aid in the commission thereof, presupposes a prior completed crime.
Read as a whole, it is clear that falsifying business records in the second degree is elevated to a first-degree offense on the basis of an enhanced intent requirement—“an intent to commit another crime or to aid or conceal the commission thereof”—not any additional actus reus element (Penal Law § 175.10)."