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.

Prosecutor Josh Steinglass continued to lean on the testimony of former National Enquirer publisher David Pecker, arguing it offered unequivocal evidence that Trump was in on the catch-and-kill plan involving Playboy model Karen McDougal.

Pecker testified that Trump was furious at Pecker after the Wall Street Journal published a story in November 2016 about AMI's payment to McDougal.

"This is the story that he is simultaneously telling the press he knows nothing about," Steinglass said. "Pecker established unequivocally that Trump was in on the McDougal deal."

Trump was "angry because story came out that threatened his standing with female voters," Steinglass said.

"Of course we will never know if this effort to hoodwink the American voter made the difference in the 2016 election, but that's not something we have to prove," Steinglass said. What matters, Steinglass said, is that the scheme was "cloaked in false business records to hide the conspiracy."

Judge Merchan said the jury would take its next break, then the closing would continue.

"I was watching the jurors," said the judge. "They looked pretty alert to me -- I don't think we're losing anyone."