Opinion
October 30, 1995
Appeal from the Supreme Court, Westchester County (Rosato, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contentions, the Supreme Court correctly denied that branch of his omnibus motion which was to suppress physical evidence. Initially we note that the defendant's present contentions were not raised before the suppression court and are thus unpreserved for appellate review. In any event, the record establishes that the defendant abandoned the bag containing, inter alia, 20 vials of crack cocaine, upon the police officer's mere approach, unaccompanied by any show of force (see, People v. Toodles, 184 A.D.2d 674). As a result of this calculated act, which was not in response to any unlawful police activity, the defendant forfeited any expectation of privacy he might have otherwise had in the bag (People v Toodles, supra; People v. McCants, 175 A.D.2d 847; People v Carrington, 174 A.D.2d 572).
The defendant has failed to preserve for appellate review his contention that the People failed to adduce legally sufficient evidence that he was in knowing possession of an amount of cocaine in excess of 500 milligrams (Penal Law § 220.06; see, People v. Gray, 86 N.Y.2d 10; People v. Ryan, 82 N.Y.2d 497). In any event, his claim is meritless (see, People v. Sanchez, 86 N.Y.2d 27; People v. Miller, 209 A.D.2d 187, affd 85 N.Y.2d 962).
We have reviewed the defendant's remaining contentions and find them to be without merit. Miller, J.P., Thompson, Ritter and Krausman, JJ., concur.