PEOPLE v. SMALLEY

No. 76-478.

43 Ill. App.3d 600 (1976)

357 N.E.2d 93

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. SYLVESTER SMALLEY, Defendant-Appellant.

Appellate Court of Illinois — First District (1st Division).

Opinion filed October 25, 1976.


Attorney(s) appearing for the Case

LeRoy L. Bianchi, of Schaumburg, for appellant.

Bernard Carey, State's Attorney, of Chicago (Laurence J. Bolon, James S. Veldman, and James B. Davidson, Assistant State's Attorneys, of counsel), for the People.


Affirmed in part and reversed in part.

Mr. JUSTICE SIMON delivered the opinion of the court:

Sylvester Smalley, the defendant, was indicted for rape and unlawful restraint. In a bench trial, the court found defendant not guilty of rape, but guilty of unlawful restraint of the complainant and also of intimidation as a lesser included offense of rape. The defendant was sentenced to 2 to 6 years for intimidation. He was not sentenced for unlawful restraint.<...

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