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PEOPLE v. McGEE

No. 1-92-3413.

628 N.E.2d 867 (1993)

257 Ill. App.3d 229

195 Ill.Dec. 403

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Rufus McGEE, Defendant-Appellant.

Appellate Court of Illinois, First District, Fifth Division.

December 23, 1993.

Attorney(s) appearing for the Case

Frederick F. Cohn, Chicago (Steven Pick, of counsel), for defendant-appellant.

Jack O'Malley, State's Atty., Chicago (Renee Goldfarb, Susan Schierl, Leslie German, Asst. State's Attys., of counsel), for plaintiff-appellee.

Justice MURRAY delivered the opinion of court:

On November 1, 1991, defendant, Rufus McGee, was stopped by a Chicago police officer for a traffic violation. The defendant produced a driver's license which proved to be fraudulent. Defendant was placed under arrest for possession of a fraudulent driver's license.

Prior to trial, defendant filed a motion to dismiss the charges, alleging Ill.Rev.Stat. 1991, ch. 95½, par. 6-301.2 was unconstitutional. The...

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