The order of the Appellate Division should be affirmed.
As found by the majority at the Appellate Division, Officer Sheffler, in responding at 4:30 A.M. to a 911 report of a burglary in progress at 155th Street and 8th Avenue, in Manhattan, ordered defendant down from a fire escape at gunpoint, put him against the wall, and frisked him without first inquiring about his reasons for being there. The majority...
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