Opinion
February 26, 1996
Appeal from the Supreme Court, Queens County (Kohm, J.).
Ordered that the judgment is modified, on the law, by directing that all of the defendant's sentences shall run concurrently with each other; as so modified, the judgment is affirmed.
Contrary to defendant's contention, the hearing court did not err by denying the branch of his omnibus motion which was to suppress the evidence recovered from his bag (see, People v Miner, 42 N.Y.2d 937, 938; People v. Butler, 203 A.D.2d 584; see also, People v. Smith, 59 N.Y.2d 454, 458-459; People v. Prochilo, 41 N.Y.2d 759).
We agree, however, with defendant's contention that the court improperly imposed consecutive sentences for his convictions of burglary in the third degree and criminal trespass in the third degree in violation of Penal Law § 70.35 (see, People v Robinson, 195 A.D.2d 611). Thus, those sentences are modified to run concurrently with each other and with the sentence imposed on the defendant's conviction of criminal mischief in the third degree.
The defendant's remaining contentions are either unpreserved for appellate review (see, CPL 470.05) or without merit. Thompson, J.P., Joy, Hart and Florio, JJ., concur.