Ordered that the judgment is modified, on the law, by directing that the term of imprisonment imposed on the conviction of criminal possession of a weapon in the second degree shall run concurrently with the terms of imprisonment imposed on the other convictions; as so modified, the judgment is affirmed.
Contrary to the prosecution's contention, the Supreme Court erred in sentencing the defendant to a consecutive term of imprisonment for his conviction of criminal possession of a weapon in the second degree. The prosecution failed to establish that the defendant possessed a gun with a purpose unrelated to his intent to shoot the decedent ( see People v. Hamilton, 4 NY3d 654; Penal Law § 70.25). While the defendant possessed the gun prior to the attacks, there was no proof of a separate intent to use it unlawfully against another ( see Penal Law § 265.03). Therefore, the term of imprisonment imposed on the conviction of criminal possession of a weapon in the second degree must run concurrently with the terms of imprisonment imposed on the other convictions.
The defendant's remaining contentions, including those raised in his supplemental brief, are without merit.