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PEOPLE v. PAYTON

No. 1-88-0952.

567 N.E.2d 540 (1991)

208 Ill. App.3d 658

153 Ill.Dec. 582

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Robert Lamar PAYTON, Defendant-Appellant.

Appellate Court of Illinois, First District, Sixth Division.

Rehearing Denied February 5, 1991.

Attorney(s) appearing for the Case

Randolph N. Stone, Public Defender of Cook County, Chicago (Kyle Wesendorf, Asst. Public Defender, of counsel) for defendant-appellant.

Jack O'Malley, State's Atty. of Cook County, Chicago (Renee Goldfarb, William D. Carroll, Walter P. Hehner, Asst. State's Attys., of counsel), for plaintiff-appellee.

Presiding Justice RAKOWSKI delivered the opinion of the court:

Following the denial of defendant's motion to quash arrest and suppress evidence, a bench trial was held and he was found guilty of possession of cocaine and sentenced to eighteen months imprisonment.

On June 3, 1987, at approximately 4:00 a.m., Markham police officer Ralph Tolbert observed a vehicle proceeding "northbound on Winchester at a very slow rate of speed". As the vehicle approached 163rd...

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