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PEOPLE v. PRIOLA

No. 2-88-1014.

561 N.E.2d 82 (1990)

203 Ill. App.3d 401

148 Ill.Dec. 776

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Michael PRIOLA, Defendant-Appellant.

Appellate Court of Illinois, Second District.

October 2, 1990.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, Thomas A. Lilien (argued), Asst. Defender, Office of State Appellate Defender, Elgin, for Michael Priola.

James E. Ryan, DuPage County State's Atty., Wheaton, William L. Browers, Deputy Director, State's Attys. Appellate Prosecutor, David A. Bernhard (argued), State's Attys. Appellate Prosecutor, Elgin, for the People.

Justice DUNN delivered the opinion of the court:

Defendant, Michael Priola, was convicted of aggravated criminal sexual abuse (Ill. Rev.Stat.1987, ch. 38, par. 12-16) and sentenced to a three-year term of imprisonment. On appeal, defendant contends his conviction should be reversed for the following reasons: (1) the trial court refused to instruct the jury that defendant could only be convicted of the above offense if the jury found that he touched the victim's vaginal...

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