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.

The jury heard an exchange between David Pecker and defense attorney Emil Bove where Bove highlighted that Pecker originally thought the Trump Tower meeting took place in the first week of August 2015. Pecker testified that the meeting actually happened in the middle of August.

Bove used the moment as an opportunity to highlight "gaps" in Pecker's memory and emphasize how long ago the meeting took place.

Q: And you changed your testimony here; right?

A: Yes, when I discovered that it was in the middle -- that it was the middle of August.

Q: And when you say that you "discovered," what you mean is that somebody told you that, notwithstanding what you testified about in the Grand Jury, President Trump was actually not in New York City during the first week of August; correct?

A: I -- I don't recall anyone telling me about that, that Mr. Trump was away in the first week of August.

Q: And then you changed your testimony, this week, on that issue; right?

A: Yes, that's correct.

Q: Why did you change your testimony?
A: I thought that -- I didn't know the exact date. I thought -- I know it was in the first half of August, so I thought it was the middle of August, that's what I recollected. That's why I corrected my -- the dates, yes.

A: I didn't believe that the exact date was --

Q: I understand. And I don't mean to put you on the spot. What I'm getting at, though, is that these things happened a long time ago; right?

A: Yes.

Q: And even when you're doing your best, and I'm sure you are right now, it's hard to remember exactly what happened when; right?

A: Yes.

Q: And when you are remembering about conversations that you had, it's hard to remember what people said almost ten years ago; correct?

A: You -- Ahhhh, yes.

Q: And so there are some instances where your mind sort of fills in gaps; right?

A: To the best of my knowledge.

Q: And you do your best to explain what happened in a way that makes sense; correct?

A: To what I remember.

Q: Yeah, to what you remember. And you fill in some details to keep things in sequence; right, and to make them sound logical?

A: I try to make them -- to what I remember. And to be truthful.

Q: I understand. But there are some gaps; correct?

A: Yes.