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PEOPLE v. ABATA

No. 2-87-0081.

165 Ill. App.3d 184 (1988)

518 N.E.2d 1065

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. RONALD ABATA et al., Defendants-Appellees.

Appellate Court of Illinois — Second District.

Opinion filed January 25, 1988.

Attorney(s) appearing for the Case

James E. Ryan, State's Attorney, of Wheaton (Barbara A. Preiner, Assistant State's Attorney, and William L. Browers and Cynthia N. Schneider, both of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

John N. Pieper and Aldo E. Botti, both of Botti, Marinaccio, DeSalvo & Pieper, Ltd., of Oak Brook, for appellee Kathleen Abata.

Glenn Seiden, of Glenn Seiden & Associates, of Chicago, for appellee Ronald Abata.

Reversed and remanded.

JUSTICE REINHARD delivered the opinion of the court:

The State appeals pursuant to Supreme Court Rule 604(a) (107 Ill.2d R. 604(a)) from the order of the circuit court of Du Page County quashing a search warrant and suppressing certain evidence seized pursuant to that warrant. The issue raised by the State on appeal is whether this court's decision in a previous interlocutory appeal in People v. Abata (1985),

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