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PEOPLE v. SMITH

No. 1-88-3360.

581 N.E.2d 80 (1991)

220 Ill. App.3d 678

163 Ill.Dec. 129

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

Appellate Court of Illinois, First District, Third Division.

September 25, 1991.

Attorney(s) appearing for the Case

Jack O'Malley, State's Atty. of Cook County, Chicago (Inge Fryklund, Theodore Burtzos, and Paul Gliatta, of counsel), for plaintiff-appellant.

Randolph N. Stone, Public Defender, of Cook County, Chicago (Emily Eisner, of counsel), for defendant-appellee.

Justice GREIMAN delivered the opinion of the court:

The circuit court of Cook County suppressed incriminating statements defendant Robert Smith made during a custodial interrogation by police, on grounds that they were secured by acts which violate defendant's right to counsel under the Fifth Amendment of the United States Constitution and article I, section 10 of the Illinois Constitution. The State appeals, contending the trial court improperly granted the motion...

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