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PEOPLE v. McCARTY

No. 79-2232.

86 Ill. App.3d 130 (1980)

407 N.E.2d 971

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. DAVID McCARTY, Respondent-Appellant.

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

Opinion filed June 27, 1980.

Attorney(s) appearing for the Case

Julius Lucius Echeles and Frederick F. Cohn, both of Chicago, for appellant.

Bernard Carey, State's Attorney, of Chicago (Marcia B. Orr, Iris E. Sholder, and Mark A. Graff, Assistant State's Attorneys, of counsel), for the People.

Judgment affirmed.

Mr. JUSTICE LORENZ delivered the opinion of the court:

This case involves the issue of whether a person can refuse to answer questions before the grand jury when those questions are derived from evidence of a previously determined illegal search of that person.

On October 27, 1979, respondent was arrested and charged with possession of a controlled substance. (Ill. Rev. Stat. 1977, ch. 56 1/2, par. 1402.) On November 27, 1979, the...

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