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PEOPLE v. YONKER

No. 1-92-2146.

628 N.E.2d 1124 (1993)

256 Ill. App.3d 795

195 Ill.Dec. 660

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Craig YONKER, Defendant-Appellant.

Appellate Court of Illinois, First District, Fourth Division.

Rehearing Denied February 14, 1994.

Attorney(s) appearing for the Case

Walsh, Neville, Pappas & Mahoney, Chicago (Ronald F. Neville & Matthew P. Walsh, of counsel), for defendant-appellant.

Jack O'Malley, State's Atty., Chicago (Renee Goldfarb, Lou Anne Corey and Jason H. Payne, Asst. State's Attys., of counsel), for plaintiff-appellee.

Justice HOFFMAN delivered the opinion of the court:

The defendant, Craig Yonker, appeals from a jury verdict finding him guilty of first degree murder (Ill.Rev.Stat.1989, ch. 38, par. 9-1(a)(1)). We consider: (1) whether the prosecutor made comments during closing arguments which were improper and denied the defendant a fair trial; and (2) whether the second degree murder statute violates the due process clause of the Illinois constitution. For the following reasons...

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