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PEOPLE v. PACINI

No. 80-184.

85 Ill. App.3d 1076 (1980)

407 N.E.2d 897

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. CLEMENT L. PACINI, Defendant-Appellee.

Appellate Court of Illinois — First District (3rd Division).

Opinion filed June 25, 1980.

Attorney(s) appearing for the Case

Bernard Carey, State's Attorney, of Chicago (Marcia B. Orr, Joel A. Eisen-Stein, and Ann L. Benedek, Assistant State's Attorneys, of counsel), for the People.

Bruce Wexler, of Chicago, for appellee.

Reversed and remanded.

Mr. JUSTICE McNAMARA delivered the opinion of the court:

Defendant, Clement L. Pacini, was charged with the unlawful possession of phencyclidine, a controlled substance. Prior to trial, defendant moved to suppress the physical evidence which had been recovered by the arresting officer. At the conclusion of the hearing on the motion, the trial court suppressed the evidence. The State appeals.

At the hearing, Officer John Scalise...

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