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
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 holding that intentional murder does not require planning or contrivance holding that conspiracy to commit murder is not lesserincluded offense of firstdegree murder 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 holding that where both firstdegree and felony murder were possible bases for a murder conviction a jury instruction that suggested the jury could rely on felony murder as the predicate offense for a conviction for conspiracy to commit murder was improper because under arizona law a conviction for conspiracy to commit firstdegree murder requires a specific intent to kill