People v. Bronston

OPINION OF THE COURT

Memorandum.

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 properly held that this conduct was unjustified. We agree with the dissent, however, that the nature and location of the area where a suspect is detained may…