Judgment affirmed.
The .45 caliber pistol the defendant is charged with possessing was abandoned by the defendant prior to his arrest. That abandonment was not caused by any illegal or coercive police conduct, but rather was an "independent act involving a calculated risk that the weapon would be retrieved" (see, People v Ford, 82 A.D.2d 923, 924; see also, People v Boodle, 47 N.Y.2d 398, 404, cert denied 444 U.S. 969). The pistol was therefore "outside the protection of the Constitution" (see, People v Howard, 50 N.Y.2d 583, 592, cert denied 449 U.S. 1023), and the trial court properly denied that branch of the defendant's omnibus motion which was to suppress it. In any event, the defendant's claim that his 4th Amendment rights were violated is not supported by the record. Lazer, J.P., Bracken, Brown and Weinstein, JJ., concur.