Ordered that the judgment is modified, on the law and as a matter of discretion in the interest of justice, by vacating the provision of the sentence imposing a fine in the sum of $5,000; as so modified, the judgment is affirmed.
The defendant was arrested after three eyewitnesses identified him in a photo array as the person who shot and killed the victim. The defendant was charged with, among other crimes, murder in the second degree. The defendant moved, inter...
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