Opinion
February 8, 1993
Appeal from the Supreme Court, Kings County (Beldock, J.).
Ordered that the judgments are affirmed.
The defendant's decision to discard a gun during a pursuit by the police 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 Stewart, 174 A.D.2d 769; People v Williams, 137 A.D.2d 568; People v Martin, 140 A.D.2d 632; People v Perez, 123 A.D.2d 791).
We have considered the defendant's remaining contention and find it to be without merit. Sullivan, J.P., O'Brien, Pizzuto and Santucci, JJ., concur.