Ordered that the judgment is modified, on the law, by vacating the conviction of murder in the second degree under count two of the indictment, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.
The defendant's motion to suppress the currency and papers recovered from his pocket was properly denied. At 4:30 in the morning, the defendant ran in front of a police officer's moving patrol car....
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