Ordered that the judgment is affirmed.
The People's contention that, by pleading guilty, the defendant waived his right to appellate review of the denial of his motion to suppress physical evidence is without merit (CPL 710.70). Also without merit is the contention that the defendant otherwise failed to preserve for appellate review (see, CPL 710.70) his claim that the seizure and search of a bag he dropped during his initially successful flight from police was an unlawful one (cf., People v. Howard, 50 N.Y.2d 583, cert denied 449 U.S. 1023).
The defendant's written application, to suppress physical evidence based on the testimony adduced at a Wade hearing already conducted, was opposed by the People and was denied without a further hearing (cf., People v. Martin, 50 N.Y.2d 1029; People v. Tutt, 38 N.Y.2d 1011). That application was properly denied on the merits (CPL 710.60, [3]). The evidence adduced at the Wade hearing makes clear that defendant's attempt to discard evidence was not a direct result of precipitous, unlawful police action (see, People v. Boodle, 47 N.Y.2d 398, cert denied 444 U.S. 969). Mangano, J.P., Thompson, Lawrence and Harwood, JJ., concur.