People v. Khatib

OPINION OF THE COURT

Donald J. Mark, J.

This is an application by the defendant, who is charged with arson, third degree, pursuant to CPL 710.20 (1), to suppress the testimony of Investigator Stephen Mancini upon the ground that the investigator obtained the information about which he intends to testify as the result of an illegal search.

A hearing was held relative to this issue at which the following facts were presented:

*839On February 9, 1989, at approximately 8:47 p.m., a fire at the Paradise Restaurant was reported to the Rochester Fire Department, and members of the Fire Investigation Unit…