Opinion
June 3, 1991
Appeal from the County Court, Westchester County (Colabella, J.).
Ordered that the judgment is affirmed.
The testimony adduced at the suppression hearing revealed that on the night of July 5, 1989, Police Officers Kwechin and Itzla were patrolling an area in Yonkers known for narcotics activity. The officers stopped at 288 Riverdale Avenue as a result of several complaints of loitering and possible drug activity at that location. Officers Kwechin and Itzla observed a group of people, including the defendant, standing in front of a cluster of buildings. They parked, and in full uniform, exited their marked patrol vehicle. As the officers approached, they observed the defendant throw a clear plastic bag to the ground and run into the building. Officer Kwechin quickened his pace and, as he passed the plastic bag on the sidewalk, he saw that it contained two powdery white rocks which he believed to be cocaine. Officer Kwechin then pursued the defendant to the third-floor landing where he detained him. In the meantime, Itzla retrieved the plastic bag and observed the white chunks which he also believed to be cocaine. He, too, pursued the defendant and joined Kwechin on the third floor where the defendant was subsequently arrested.
Contrary to the defendant's contention, the police officers had an objective credible reason to approach him and their actions in attempting to do so were lawful (see, People v De Bour, 40 N.Y.2d 210; People v Torres, 115 A.D.2d 93, 96). In any event, we find that the defendant's conduct in discarding the plastic bag containing cocaine constituted an abandonment (see, People v Boodle, 47 N.Y.2d 398, 404, cert denied, 444 U.S. 969; People v Elliot, 162 A.D.2d 609; People v Kosciusko, 149 A.D.2d 620; People v Greaves, 123 A.D.2d 445; cf., People v Howard, 50 N.Y.2d 583, 593, cert denied 449 U.S. 1023). Moreover, the police officer's testimony at the hearing was not inherently improbable or incredible so as to warrant this court to substitute its judgment for that of the Hearing Judge who saw and heard the witnesses (see, People v Prochilo, 41 N.Y.2d 759, 761; People v Laccone, 164 A.D.2d 897; People v Amarillo, 141 A.D.2d 551; People v Villanueva, 137 A.D.2d 852, 853; People v Gee, 104 A.D.2d 561). Thompson, J.P., Eiber, Miller and Ritter, JJ., concur.