Opinion
February 1, 1988
Appeal from the Supreme Court, Kings County (Demakos, J.).
Ordered that the judgment is affirmed.
The hearing court properly denied that branch of the defendant's motion which sought to suppress a gun recovered near the location of his arrest. The defendant's act of running from the police officers and throwing the gun into a yard nearby was not "a spontaneous reaction to a sudden and unexpected confrontation with the police", but rather "an independent act involving a calculated risk" (see, People v Boodle, 47 N.Y.2d 398, 404, cert denied 444 U.S. 969; People v Perez, 123 A.D.2d 791). Therefore, the seizure of the gun was not tainted by any illegality in the officers' pursuit and apprehension of the defendant.
Further, the hearing court properly denied that branch of the motion which sought to suppress the defendant's inculpatory statements to the police, which were made approximately seven hours after the defendant was advised of, and waived his Miranda rights. The defendant was in continuous police custody during that period, and a review of the record of the hearing reveals no evidence of coercion by the authorities or that the statement was not voluntarily made (see, People v Anderson, 42 N.Y.2d 35, 38; People v Glinsman, 107 A.D.2d 710, lv denied 64 N.Y.2d 889, cert denied 472 U.S. 1021).
We have reviewed the remainder of the defendant's contentions and find them to be without merit. Bracken, J.P., Kunzeman, Spatt and Sullivan, JJ., concur.