According to MSNBC’s Lisa Rubin:
During a sidebar about the relevance of Steve Bannon’s requests of Pecker, Steinglass admitted that New York Election Law 17-152, which prohibits conspiracies to promote a candidate’s election through unlawful means, is their “primary” predicate.
It appears that this is the theory the Manhattan DA has settled on.
Of course it was a conspiracy. It was composed of three people and two of the members of the conspiracy have either pleaded guilty or have immunity and are testifying against the third: Donald Trump. The question all comes down to whether or not the jury believes them — and the mountain of paperwork that backs them up.