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PEOPLE v. McCARTHY

No. 1-85-2485.

202 Ill. App.3d 309 (1990)

559 N.E.2d 996

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. DAVID McCARTHY, Defendant-Appellant.

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

Opinion filed August 17, 1990.

Attorney(s) appearing for the Case

Randolph N. Stone, Public Defender, of Chicago (James H. Reddy, Assistant Public Defender, of counsel), for appellant.

Cecil A. Partee, State's Attorney, of Chicago (Renee Goldfarb, Kenneth McCurry, and Mark A. Shlifka, Assistant State's Attorneys, of counsel), for the People.

Judgment affirmed.

JUSTICE MURRAY delivered the opinion of the court:

This case comes to this court on remand from the Illinois Supreme Court.1 In the initial appeal in this case we reversed McCarthy's conviction and 34-year sentence for murder and remanded for a new trial based on our finding that the trial court erred by failing to instruct the jury on the lesser included offense...

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