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PEOPLE v. POLITO

No. 62356.

42 Ill. App.3d 372 (1976)

355 N.E.2d 725

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. NICHOLAS A. POLITO, Defendant-Appellee.

Appellate Court of Illinois — First District (5th Division).

Opinion filed September 24, 1976.

Attorney(s) appearing for the Case

Bernard Carey, State's Attorney, of Chicago (Laurence J. Bolon and Eugene J. Rudnick, Jr., Assistant State's Attorneys, of counsel), for the People.

James R. Streicker and Allen L. Wiederer, both of State Appellate Defender's Office, of Chicago, for appellee.

Judgment affirmed.

Mr. PRESIDING JUSTICE LORENZ delivered the opinion of the court:

Defendant was indicted for attempt (rape), rape, deviate sexual assault, and battery in violation of sections 8-4, 11-1, 11-3 and 12-3 of the Criminal Code. (Ill. Rev. Stat. 1969, ch. 38, pars. 8-4, 11-1, 11-3, 12-3.) Prior to trial, defendant filed a motion to suppress certain evidence alleging it was obtained through an unannounced...

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