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PEOPLE v. NALLY

No. 78-60.

71 Ill. App.3d 238 (1979)

389 N.E.2d 262

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. RODNEY A. NALLY et al., Defendants-Appellees.

Appellate Court of Illinois — Second District.

Opinion filed May 3, 1979.

Attorney(s) appearing for the Case

Phyllis J. Perko and Jan Tuckerman, both of State's Attorneys Appellate Service Commission, of Elgin, for the People.

Mary Robinson and Elizabeth Clarke, both of State Appellate Defender's Office, of Elgin, and Selwyn Coleman, of Roselle, and Joseph N. Lascaro, of Chicago, and Harry Schaffner, of Schaffner, Ariano & Castillo, of Elgin, for appellees.

Judgment affirmed.

Mr. JUSTICE SEIDENFELD delivered the opinion of the court:

The defendants, Rodney A. Nally, Lawrence K. Watson and Terry W. Sykes, were charged with theft of a motorcycle over $150 in value. Defendants moved to suppress the motorcycle on the ground that it was unlawfully seized from defendants' vehicle following a stop for a traffic violation. The State appeals from an order suppressing the evidence.

Watson was driving a van-type...

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