This section contains the nature of the case and procedural background.

D and two accomplices broke into a McDonald's restaurant by shattering the glass door with a sledgehammer. D and his accomplices rounded up the employees at gunpoint. A maintenance worker managed to escape and then returned to the restaurant with three police officers. As they approached the restaurant, they saw D run toward the back. The officers saw Matos climb up a ladder that led to the roof. Officer Dwyer hurriedly climbed up the ladder right behind D. About 10 seconds later, another officer, Sergeant Flanagan, proceeded up the ladder to the roof and later discovered Dwyer lying on his back about 25 feet down an airshaft. It took emergency services personnel about 45 minutes to rescue Dwyer from the airshaft, but he was later pronounced dead at Bellevue Hospital. The Appellate Division affirmed the conviction of murder in the second degree, burglary in the second degree, and attempted robbery. D appealed.

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