Opinion
October 2, 1989
Appeal from the Supreme Court, Kings County (Fertig, J.).
Ordered that the judgment is affirmed.
We agree with the Supreme Court that the police officer's observations of the defendant's conduct were sufficient to allow the police to approach the defendant and request information from him (see People v De Bour, 40 N.Y.2d 210, 223). Under these circumstances, the defendant's act in response to that legal intrusion, i.e., the shoving of the police officer and the dropping of the bag which he was carrying, was not "a spontaneous reaction to a sudden and unexpected confrontation with the police" but rather "an independent act involving a calculated risk" (People v Boodle, 47 N.Y.2d 398, 404, cert denied 444 U.S. 969; People v Williams, 137 A.D.2d 568). When the police officer properly picked up the bag and felt the gun inside, he had probable cause to arrest the defendant and conduct a search incident thereto. Mangano, J.P., Brown, Kooper and Sullivan, JJ., concur.