Appellate Division of the Supreme Court of the State of New York February 17, 2011 (People v. O'Keefe)

— Judgment, Supreme Court, New York County (Daniel P. Conviser, J.), entered April 28, 2009, convicting defendant, after a jury trial, of burglary in the third degree, and sentencing him, as a second felony offender, to a term of 2V2 to 5 years, unanimously affirmed.

The court should have granted defendant’s motion to suppress evidence recovered from his backpack.