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PEOPLE v. McNAIR

No. 78-566.

71 Ill. App.3d 782 (1979)

390 N.E.2d 142

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. GREGORY McNAIR, Defendant-Appellant.

Appellate Court of Illinois — First District (2nd Division).

Opinion filed May 1, 1979.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Ira Churgen, Assistant Public Defender, of counsel), for appellant.

Bernard Carey, State's Attorney, of Chicago (Lee T. Hettinger, Mary Ellen Dienes, and Dale F. Weigand, Assistant State's Attorneys, of counsel), for the People.

Judgment affirmed in part and cause remanded.

Mr. JUSTICE PERLIN delivered the opinion of the court:

Following a bench trial, defendant, Gregory McNair, was convicted of burglary and unlawful use of a weapon (Ill. Rev. Stat. 1977, ch. 38, pars. 19-1, 24-1(a)(10), 24-1(b)) and was sentenced by the trial court to a single term of one to three years in the penitentiary.1 Defendant appeals, contending that the prosecution failed to...

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