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PEOPLE v. SMITH

No. 1-88-3360.

618 N.E.2d 426 (1993)

248 Ill. App.3d 80

187 Ill.Dec. 835

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

Appellate Court of Illinois, First District, Third Division.

June 2, 1993.

Attorney(s) appearing for the Case

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

Rita Fry, Public Defender, 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 appealed, contending...

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