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PEOPLE v. COHEN

No. 2-85-0544.

146 Ill. App.3d 618 (1986)

496 N.E.2d 1231

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. PAUL COHEN et al., Defendants-Appellees.

Appellate Court of Illinois — Second District.

Rehearing denied September 18, 1986.

Attorney(s) appearing for the Case

Fred L. Foreman, State's Attorney, of Waukegan (Kenneth R. Boyle, of State's Attorneys Appellate Prosecutor, of Springfield, and William L. Browers and Peter Tumminaro, both of State's Attorneys Appellate Prosecutor, of Elgin, of counsel), for the People.

Thomas A. Briscoe, of Will & Briscoe, Ltd., and Jed H. Stone, both of Waukegan, and Mary Robinson, of Robinson & Skelnik, of Elgin, for appellees.

Affirmed in part, and reversed in part and remanded.

PRESIDING JUSTICE NASH delivered the opinion of the court:

Defendants, Paul Cohen and Earl Sklar, were charged by indictment with the unlawful possession of a controlled substance with intent to deliver (Ill. Rev. Stat. 1983, ch. 56 1/2, par. 1401(a)(2)), unlawful possession of a controlled substance (Ill. Rev. Stat. 1983, ch. 56 1/2, par. 1402(b)) and unlawful possession of cannabis (Ill. Rev. Stat. 1983...

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