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PEOPLE v. KABAKOVICH

No. 2-91-0638.

615 N.E.2d 855 (1993)

245 Ill. App.3d 943

186 Ill.Dec. 51

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Michael KABAKOVICH, Defendant-Appellant.

Appellate Court of Illinois, Second District.

June 18, 1993.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender Office of State Appellate Defender, Josette Skelnik, Law Offices of Josette Skelnik, Elgin, for Michael Kabakovich.

James E. Ryan, DuPage County State's Atty., William L. Browers, Deputy Director, Lisa Anne Hoffman, State Attys. Appellate Prosecutor, John X. Breslin, Deputy Dir., State's Atty. Aplt. Prosecutor, Ottawa, Robert J. Morrow, Early, Collison, Tousey, Regan, Wlodek & Morrow, Elgin, for the People.

Justice QUETSCH delivered the opinion of the court:

Defendant, Michael Kabakovich, appeals his conviction of the unlawful delivery of a controlled substance (Ill.Rev.Stat.1989, ch. 56½, par. 1401(b)(2) (now codified, as amended, at 720 ILCS 570/401(c)(2) (West 1992))). Defendant argues that the trial court improperly allowed into evidence the hearsay statements of an alleged coconspirator without sufficient proof that defendant and the declarant were engaged...

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