People v. Diaz

Judgment, Supreme Court, Bronx County (Darcel D. Clark, J.), rendered July 9, 2010, convicting defendant, after a jury trial, of burglary in the third degree, possession of burglar’s tools (four counts), and criminal mischief in the fourth degree, and sentencing him, as a second felony offender, to an aggregate term of three to six years, unanimously reversed, on the law, the judgment vacated, the burglar’s tools counts of the indictment dismissed, and the matter remanded for a new trial on the burglary and criminal mischief charges.

The search of defendant’s backpack following his arrest was…