i put this question to two of our legal experts who are here with us today. both were veteran prosecutors who have seen this both from a federal and a state perspective. can either of you walk through us -- walk us nonlawyers through this part of these charges >> you want me to take a crack >> you go ahead. >> okay, the first thing to note is that the statute in new york that says you can bump this up to a felony requires that you have an intent to commit some other crime. you don't actually have to commit that crime. so that's why you wouldn't necessarily need to charge it and that's something alvin bragg said also if one of the crimes you're thinking could be used and then that's not something you could charge in state court anyway this goes to the question in the last segment where he said isn't