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.

Following the lunch break, the parties returned to the courtroom ahead of their closing argument.

Judge Merchan began the afternoon session by asking prosecutors about the curative instruction following defense attorney Todd Blanche's mention of prison at the end of his closing argument.

Prosecutor Susan Hoffinger told Merchan that Blanche's mention of prison time was "highly improper" and a direct violation of a pretrial order about arguments related to potential punishments.

"Mr. Blanche was certainly on notice that this was an improper argument," Hoffinger said.

Blanche did not opposed to the curative instruction about his earlier arguments. Merchan will deliver it to the jury as drafted by prosecutors.