Opinion
November 15, 1993
Appeal from the Supreme Court, Kings County (Jones, J.).
Ordered that the judgment is affirmed.
The defendant's decision to discard a bag of cocaine during a police pursuit was not a spontaneous reaction to the police action, but was an independent act involving a calculated risk (see, People v Boodle, 47 N.Y.2d 398, cert denied 444 U.S. 969; People v White, 190 A.D.2d 768; People v Price, 194 A.D.2d 634; People v Dukes, 184 A.D.2d 522; People v Stewart, 174 A.D.2d 769; People v Martin, 140 A.D.2d 632; cf., People v Scott, 82 N.Y.2d 729). Thompson, J.P., Rosenblatt, Miller and Ritter, JJ., concur.