One of Donald Trump's attorneys in the New York fraud lawsuit made a "delicate" request ahead of another day of testimony from Michael Cohen Wednesday.

Defense attorney Alina Habba told Supreme Court Justice Arthur Engoron at the start of Wednesday's trial – noting that she was once a law clerk herself – that she found it "incredibly distracting" when there were "eye-rolls" and "whispering" during her cross-examination.

MSNBC's Lisa Rubin said the eye-rolling was coming from the judge and his law clerk.

Engoron immediately granted her request to stop it without further argument, and Cohen's testimony resumed a short time later, after Donald Trump arrived alone behind his legal team.

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Habba's request was noted on the record, which could then potentially be raised on appeal.