Opinion
September 15, 1986
Appeal from the Supreme Court, Kings County (Juviler, J.).
Judgment affirmed.
The defendant contends that the People failed to establish that he had the mental culpability to be found guilty beyond a reasonable doubt of criminal possession of a weapon in the second degree. However, mental culpability is an element which must almost always be inferred from the totality of the circumstances (see, People v Barnes, 50 N.Y.2d 375; People v Reynolds, 107 A.D.2d 724) and the jury's conclusions which are drawn from competing inferences, if not unreasonable, will be upheld (People v Kennedy, 47 N.Y.2d 196; People v Reynolds, supra). Under the circumstances of this case, the jury's conclusion that the defendant acted with the requisite mental culpability finds ample support in the record.
We have considered the defendant's contention with respect to the court's charge on felony murder and find it to be unpreserved and, in any event, without merit. We also find that the sentence imposed was not an abuse of discretion (see, People v Suitte, 90 A.D.2d 80, 86-87). Lazer, J.P., Mangano, Bracken and Kooper, JJ., concur.