Opinion
January 21, 1992
Appeal from the Supreme Court, Queens County (Cooperman, J.).
Ordered that the judgments are affirmed.
Contrary to the defendant's contention, his abandonment of the tin foil package subsequently found to contain a quantity of cocaine was not a spontaneous reaction to any unlawful police conduct, since the police did nothing more than follow and observe the defendant while he walked along a public street. Therefore, since the defendant abandoned the package independent of any unlawful police conduct, he no longer had a reasonable expectation of privacy in it (People v. Howard, 50 N.Y.2d 583, cert denied 449 U.S. 1023; People v. Jones, 171 A.D.2d 814), and the hearing court properly denied suppression (see, People v Leung, 68 N.Y.2d 734; People v. Liverpool, 160 A.D.2d 894; People v. Greene, 150 A.D.2d 604).
Furthermore, during the suppression hearing, the defendant failed to raise his claim that the police interrogated him in violation of his right to remain silent. Therefore, this issue was not preserved for appellate review (People v. Smith, 174 A.D.2d 701; People v. Padilla, 133 A.D.2d 353). In any event, the record of the suppression hearing clearly establishes that the defendant made his inculpatory statement after a knowing, intelligent, and voluntary waiver of his right to remain silent (see, People v. Hamilton, 138 A.D.2d 625). Therefore suppression was properly denied. Balletta, J.P., Rosenblatt, Miller and Ritter, JJ., concur.