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PEOPLE v. SMALLEY

No. 1-89-0950.

621 N.E.2d 7 (1991)

249 Ill. App.3d 964

190 Ill.Dec. 138

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Sylvester SMALLEY, Defendant-Appellant.

Appellate Court of Illinois, First District, Fifth Division.

December 27, 1991.

Attorney(s) appearing for the Case

Jack O'Malley, State's Atty., County of Cook, Chicago (Renee Goldfarb, Kevin Sweeney, Michael Latz, of counsel), for plaintiff-appellee.

Michael J. Pelletier, Deputy Defender, Chicago (Pamela Z. O'Shea, of counsel), for defendant-appellant.

Justice GORDON delivered the opinion of the court:

Following a trial without a jury, defendant Sylvester Smalley was found guilty of first degree murder and armed violence. The court sentenced defendant to concurrent prison terms of 24 years for first degree murder, and 10 years for armed violence. On appeal, defendant contends that the Illinois murder statute is unconstitutional; that his conviction for first degree murder must be reduced to second degree murder...

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