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PEOPLE v. O'KEEFE

4302, 4921/08.

81 A.D.3d 525 (2011)

916 N.Y.S.2d 508

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN O'KEEFE, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 17, 2011.

The court should have granted defendant's motion to suppress evidence recovered from his backpack. However, the error in admitting the tool and other physical evidence recovered from the backpack was harmless (see People v Crimmins, 36 N.Y.2d 230 [1975]). Without the physical evidence, there was still overwhelming proof of every element of burglary, including the element of entry with intent to commit a crime.

Defendant...

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