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PEOPLE v. BENDA

No. 2-83-0565.

124 Ill. App.3d 950 (1984)

464 N.E.2d 1268

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. THOMAS J. BENDA, Defendant-Appellee.

Appellate Court of Illinois — Second District.

Opinion filed June 13, 1984.

Attorney(s) appearing for the Case

J. Michael Fitzsimmons, State's Attorney, of Wheaton (Barbara A. Preiner, Thomas L. Knight, and Michael J. Higgins, Assistant State's Attorneys, of counsel), for the People.

Stephen J. Culliton, of Civinelli, Bakalis & Culliton, of Bloomingdale, and Joseph M. Laraia & Associates, of Wheaton, for appellee.

Appeal dismissed.

PRESIDING JUSTICE SEIDENFELD delivered the opinion of the court:

The State appeals from a midtrial ruling in a bench trial excluding certain evidence, pursuant to Supreme Court Rule 604(a)(1) (87 Ill.2d R. 604(a)(1)), contending that the ruling had the substantive effect of suppressing evidence. Following the ruling the State filed a notice of appeal. Finding that the question was purely evidentiary and that the order was not appealable,...

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