So the NY criminal dockets are sufficiently closed down that I can't find the defense's briefing papers on its motions. But given that some of the public orders

So the NY criminal dockets are sufficiently closed down that I can't find the defense's briefing papers on its motions. But given that some of the public orders do castigate that defense for trying to reraise the same "these charges are complete bullshit" too many times, that the defense helped prepare the jury instructions (which specifically include mention of the second crime), and the fact that the underlying second crime has been heavily reported on news media since the charges were first brought, I find it hard to believe that the first opportunity the defense could have known about the second crime was in closing arguments. Also, I don't see in the transcript of the closing arguments any objections defense raised to the second crime only being brought up then, so even if it were true, it can't be raised in appeal.