Judge Merchan read the jury the New York state law related to falsifying business records.

"Under our law, a person is guilty of falsifying business records in the first degree when, with intent to defraud that includes an intent to commit another crime or to aid or conceal the commission thereof," Merchan read.

Few of the jurors appeared to be taking the notes at that point.

Judge Merchan then reviewed each of the counts against Trump to explain the People's burden of proof.

He said that in the interest of brevity, he would instruct them on Falsification of Business Records for the first count -- but not the full instruction for all 34 counts, because they are identical.

Merchan methodically walked through each of the allegedly falsified documents, listing the dates, voucher numbers, and check numbers for each of the records.

The judge said he would be happy to repeat the instructions later if the jury so requests.

Judge Merchan explained to jurors the prosecution's three theories for the unlawful means used to influence the 2016 election.

First, Merchan said that the unlawful means could include a violation of the Federal Election Campaign Act, which caps campaign contributions. Prosecutors allege that Michael Cohen's payment to Stormy Daniels exceeded the legal cap.

Second, Merchan said prosecutors argue that Trump and others falsified business records, including the bank paperwork for Essential Consultants Inc., the money wire to Daniels, and the 1099 forms related to Cohen's repayment.

Third, Merchan said the crime could be violations of tax laws related to the "grossing up" of Cohen's reimbursement to cover the taxes he would owe on the payment.

Judge Merchan tells the jury that prosecutors allege that Trump attempted to conceal a violation of New York election law by falsifying business records.

"They need not prove that the other crime was committed, aided, or concealed," Merchan said.

Prosecutors are relying on New York Election Law 17-152, which prohibits "any two or more persons who conspire to promote or prevent the election of any person to a public office by unlawful means." Prosecutors offered three theories of the "unlawful means" mentioned in that law.

Though jurors will need to agree Trump falsified records in furtherance of an additional crime in order to convict, "they need not be unanimous" on "what unlawful means" were used, Merchan said.

Continuing with his attack on Michael Cohen's recording of the 2016 meeting with Trump, defense attorney Todd Blanche cast doubt on Cohen's contention that Trump was going to repay AMI for the Karen McDougal payment in cash -- meaning bills.

"Cash just means no financing," Blanche said. "It doesn't mean you are going into the closing with a duffel bag full of green."

According to Blanche, Cohen tried to mislead the jury by suggesting Trump wanted to pay in cash.

"That was Mr. Cohen lying to you, painting a picture that fits his narrative, not the truth," Blanche said.

"There's no scenario under which there has been any testimony at this trial that Mr. Trump was going to walk around with a duffel bag full of $150,000 in cash."

Addressing why the recording cut off, Blanche said when Trump says "check" it was the beginning of a new sentence -- not about writing a check -- before it cuts off.

"It's clearly talking about a beginning of a sentence that we will never know," Blanche said.