With no explanation, chose the best option from "A", "B", "C" or "D". ORDER ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of said District Court be and it hereby is AFFIRMED. Dionisio Hernandez appeals from ent violation. In fact, the charge given here tracked closely the New York statute defining intent. See N.Y. Penal L. § 15.05(1). And the trial court did not err by instructing the jury that it need not find that Hernandez had the requisite intent for any particular period of time before he fired his gun as long as he possessed the intent at the time of shooting. See People v. Payne, 3 N.Y.3d 266, 786 N.Y.S.2d 116, 118, 819 N.E.2d 634 (2004) (<HOLDING>). Because there was no error in the charge, the

A: holding that first and seconddegree intentional murder verdicts are consistent with a felony murder verdict because lack of intent is not an element of seconddegree felony murder
B: holding that indictment for murder in the first degree charges murder by whatever means it may have been committed regardless of the theory of murder presented to the grand jury
C: holding that intentional murder does not require planning or contrivance
D: holding that conspiracy to commit murder is not lesserincluded offense of firstdegree murder
C.