The defense is arguing a candidate's expenses arising from controversies are not necessarily campaign expenses.

Merchan suggests the language should be as follows: "If the payment would have been made, even in the absence of the candidacy, the payment should not be treated as a contribution."

Prosecutors have argued the payment to Stormy Daniels should have been labeled a campaign expenditure because it was meant to protect Trump's electoral prospects in 2016

Merchan reserves his decision on the issue but suggests he would include both proposed sentences from the parties.

Defense attorney Emil Bove argued that Judge Merchan should tell the jury it must find Trump acted willfully in order to convict.

The district attorney's office argued the jury must find Trump acted unlawfully, not necessarily criminally.

Judge Merchan said he would reserve his decision about whether to include "willful" in the jury charge

Trump was alert and attentive at the start of this afternoon's session, whispering to his attorney Todd Blanche. Now his eyes are closed.

Judge Merchan, ticking through each of the proposed edits to the jury instructions, appears to be focused on making sure the instructions are clear and understandable for the jury.

"We want to make it as easy as possible for the jury," he said.

Judge Merchan declined to add a sentence to the jury charge that there was no limit on Trump's personal contributions to his political campaign in 2015 and 2016.

Defense attorney Emil Bove argued that the line would have told the jury that Trump “could have paid this out of his personal expenses without issue.”

But prosecutors argued that the line was “extraneous” because Trump made the Stormy Daniels payment reimbursement from the Trump Organization, not out of his personal funds.

“It has nothing to do with the case,” Colangelo said.

Defense attorney Emil Bove began the conference by arguing for a jury instruction describing the alleged conspiracy as civil, not criminal.

According to Bove, prosecutors have failed to show that the alleged conspiracy had a criminal object.

“It’s only a crime if it has a criminal object,” Bove said. "To be a criminal conspiracy, there must be a criminal object.”

Defense attorney Todd Blanche, on redirect examination, asked Michael Cohen about the photograph of Trump and bodyguard Keith Schiller together on Oct. 24, 2016, at 7:57 p.m.

"Your testimony is still, just so I understand, is in that 90 seconds you spoke to Mr. Schiller about the problem you were having with the 14-year-old, got him to agree to take care of it," and also had time to talk to speak about Daniels to Trump.

Cohen stood by his testimony.

Cohen also testified again that his $420,000 payment in 2017 was a reimbursement, not a payment for legal services.

"It was a reimbursement -- it wasn't a payment for your services?" Blanche asked.

"Correct," Cohen said.

Blanche attempted to cast doubt on that claim by highlighting Trump's frugality.

"Did he overpay for things regularly?" Blanche asked.

"No, sir," Cohen said.

Cohen then concluded his testimony and the state rested its case.

"Your honor, the People rest," Steinglass said.