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PEOPLE v. MALAVE

No. 1-89-3398.

595 N.E.2d 117 (1992)

230 Ill. App.3d 556

172 Ill.Dec. 54

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Jose MALAVE, Defendant-Appellant.

Appellate Court of Illinois, First District, Fourth Division.

Rehearing Denied June 23, 1992.

Attorney(s) appearing for the Case

Randolph N. Stone, Public Defender, Chicago (Cheryl K. Lipton & Karen E. Tietz, of counsel), for plaintiff-appellant.

Jack O'Malley, State's Atty., Chicago (Renee Goldfarb & James E. Fitzgerald, of counsel), for defendant-appellee.

Justice LINN delivered the opinion of the court:

Defendant, Jose Malave, was convicted of first-degree murder (Ill.Rev.Stat.1987, ch. 38, par. 9-1(a)(1)) following a jury trial in the circuit court of Cook County. The trial judge sentenced defendant to the penitentiary for a term of 50 years.

Defendant appeals, contending he was denied a fair trial because: (1) the trial judge admitted into evidence certain hearsay...

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