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PEOPLE v. DEMPSEY

No. 78-484.

82 Ill. App.3d 699 (1980)

402 N.E.2d 924

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. MATTHEW DEMPSEY, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Rehearing denied April 25, 1980.

Attorney(s) appearing for the Case

Robert Agostinelli and Frank W. Ralph, both of State Appellate Defender's Office, of Ottawa, for appellant.

Michael M. Mihm, State's Attorney, of Peoria (John X. Breslin and Gerry R. Arnold, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Judgment affirmed.

Mr. JUSTICE STENGEL delivered the opinion of the court:

Following a bench trial, defendant Matthew Dempsey was convicted of unlawful delivery of a controlled substance and sentenced to a 3-year term of probation upon condition that he pay a fine of $1,000 and make restitution of $200. On appeal, he contends that the State failed to rebut his affirmative defense of entrapment beyond a reasonable doubt.

At trial Edward Olehy, an undercover...

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