Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered January 9, 1964 after a jury trial, convicting him of possession of narcotic drugs as a felony, and imposing sentence upon him as a third felony offender. Judgment affirmed. In our opinion, there was no search here because the police officer obtained possession of the narcotics after they were no longer in defendant's possession; they had been discarded by him. ( People v. Battle, 12 N.Y.2d 866; People v. Pittman 14 N.Y.2d 885; United States v. Zimple 318 F.2d 676.) Even if it be assumed that there was a search, the search was incidental to a lawful arrest based on probable cause. Beldock, P.J., Ughetta, Christ, Hill and Rabin, JJ., concur.