The trial court's charge did not preclude the jury from concluding that defendant initially possessed the loaded gun without intending to use it unlawfully against another and that he decided to fire the gun at the deceased only as events unfolded (see, People v. Haymes, 34 N.Y.2d 639, cert denied 419 U.S. 1003). Thus, the jury's findings on the essential elements of criminal possession of a weapon and murder in the second degree can be reconciled (see, People v. Loughlin, 76 N.Y.2d 804, 806).
Defendant's untimely and unsupported oral application for a Dunaway hearing, made at the start of a Huntley hearing, was properly denied by the suppression court (CPL 710.60).
We have considered defendant's remaining claim and find it to be without merit.
Concur — Sullivan, J.P., Asch, Rubin, Nardelli and Williams, JJ.