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PEOPLE v. NOVAK

No. 1-91-0539.

611 N.E.2d 1203 (1993)

242 Ill. App.3d 836

183 Ill.Dec. 555

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Chester NOVAK, Defendant-Appellant.

Appellate Court of Illinois, First District, Second Division.

February 23, 1993.

Attorney(s) appearing for the Case

Eugene O'Malley, Chicago, for defendant-appellant.

Jack O'Malley, State's Atty., County of Cook, Chicago (Renee Goldfarb, Donald T. Lyman and Joelle Marasco, of counsel), for plaintiff-appellee.

Justice DiVITO delivered the opinion of the court:

A jury convicted defendant Chester Novak of aggravated criminal sexual assault. In this appeal, he raises a number of challenges to the propriety of his conviction: (1) whether section 115-10(c) of the Code of Criminal Procedure of 1963 (Ill.Rev.Stat. 1989, ch. 38, par. 115-10(c)) violates the separation of powers provision in the Illinois Constitution; (2) whether the circuit court coerced the jury into its verdict...

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