People v. Calhoun

Defendant seeks to preclude testimonial evidence of observations made by two fire marshals and photographs taken at the time as to the condition of his apartment following a fire on the ground that said evidence was obtained as a direct result of an unconstitutional search.

The instant indictment charging defendant with committing the crimes of arson in the second degree, reckless endangerment in the first degree and assault in the third degree stems from a fire that occurred in a building located at 7915 Fifth Avenue, Brooklyn, early in the morning of August 29, 1975. Defendant was a tenant…