Opinion
October 8, 1992
Appeal from the Supreme Court, New York County (Rose L. Rubin, J.).
The hearing court found that during a routine tour of duty in the early morning hours, uniformed officers in a patrol car observed defendant counting money in a crowd gathered at an intersection known for a high level of drug activity. The crowd suddenly dispersed and defendant alone walked down a residential side street. Without discussing what course of action to take, the officers followed defendant by proceeding down the wrong way of the street, and pulled over to the curb alongside him. When the officers then got out of their patrol car, defendant threw something to the ground, which was at once recovered and turned out to be 20 vials of crack cocaine. Defendant was then placed under arrest. No weapons were drawn.
There is no reason to disturb the fact finding of the hearing court (see, People v Prochilo, 41 N.Y.2d 759, 761), nor was the testimony presented by the arresting officer, the sole testifying witness, "inherently incredible or improbable" (People v Samuels, 68 A.D.2d 663, 666, affd 50 N.Y.2d 1035). On these facts, there was no impropriety in the police approach (People v Howard, 50 N.Y.2d 583, 589-590, cert denied 449 U.S. 1023) and recovery of the vials upon defendant's abandonment of them (People v Butler, 184 A.D.2d 305). Thus, any statements spontaneously made at the precinct were not the fruit of unlawful police conduct.
Concur — Carro, J.P., Wallach, Ross and Asch, JJ.