Opinion
October 12, 1993
Appeal from the Supreme Court, New York County (Felice Shea, J.).
The suppression court reasonably credited the testimony of the police officer that after observing a livery cab in which defendant was a passenger proceed through a red light, he pulled the car over. Before the officer was able to investigate or speak to the occupants, defendant ran from the vehicle. The officer chased and apprehended the defendant and immediately thereafter found a bag of cocaine in plain view on the rear seat. In considering defendant's claim that he was pursued and arrested without basis, the court properly recognized that a taint analysis was unnecessary because the abandonment of the cocaine, as found by the court occurred prior to any alleged unlawful police action (People v. Jackson, 72 A.D.2d 149, 154 [1st Dept 1980]; People v. Fitzpatrick, 32 N.Y.2d 499, 506, cert denied 414 U.S. 1033, 1050). Accordingly, the court properly denied defendant's motion to suppress the drugs.
Concur — Murphy, P.J., Kassal, Rubin and Nardelli, JJ.