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PEOPLE v. LUKACH

No. 2-93-0627.

635 N.E.2d 1053 (1994)

263 Ill. App.3d 318

200 Ill.Dec. 714

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Robert J. LUKACH, Defendant-Appellee.

Appellate Court of Illinois, Second District.

June 8, 1994.

Attorney(s) appearing for the Case

David R. Akemann, Kane County State's Atty., William L. Browers, Deputy Director, Robert J. Biderman, State's Atty. Appellate Prosecutor, 4th Dist., David E. Mannchen, Staff Atty., State's Atty. Appellate Service Com'n, Springfield, for People.

Thomas O. McCulloch, St. Charles, for Robert Lukach.

Justice McLAREN delivered the opinion of the court:

The State appeals from the circuit court's order granting defendant's motion to suppress evidence of a blood-alcohol concentration test (BAC) after reconsidering its prior denial of defendant's motion. We affirm.

Defendant, Robert J. Lukach, was indicted for the offense of reckless homicide (Ill.Rev. Stat.1991, ch. 38, par. 9-3(a) (now 720 ILCS 5/9-3(a) (West 1992))) stemming from his involvement in a single...

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