Opinion
October 7, 1993
Appeal from the Supreme Court, New York County, Felice K. Shea, J., Nicholas Figueroa, J.
Defendant's attempt to dispose of drugs by placing them into the toilet at the police station and attempting to flush them away was an "independent act" of abandonment by defendant which "was not in direct and immediate response to the illegal detention" of defendant and another party, and were thus admissible (People v. Boodle, 47 N.Y.2d 398, 402, cert denied 444 U.S. 969). The evidence sufficiently supports the court's determination of attenuation, that the act was calculated and "`the result of thought and reflection'" (supra, at 404).
Nor was the mandated minimum sentence unconstitutional (Penal Law § 70.00 [a]; [3] [a] [i]; § 220.21 [1]; People v. Jones, 39 N.Y.2d 694, 697). Defendant has not shown that this is a "rare case" nor has defendant overcome the strong presumption of validity (People v. Broadie, 37 N.Y.2d 100, 119, cert denied 423 U.S. 950).
Concur — Sullivan, J.P., Rosenberger, Ross and Asch, JJ.