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PEOPLE v. TESTA

No. 2-92-1276.

633 N.E.2d 1361 (1994)

261 Ill. App.3d 1025

199 Ill.Dec. 370

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Harry TESTA, Defendant-Appellant.

Appellate Court of Illinois, Second District.

May 6, 1994.

Attorney(s) appearing for the Case

Alexander M. Salerno, Palos Heights, for Harry Testa.

James E. Ryan, DuPage County State's Atty., Robert G. Kleeman, Asst. State's Atty., William L. Browers, Deputy Director, Lisa Anne Hoffman, State's Attys. Appellate Prosecutors, and Robert J. Biderman, State's Attys. Appellate Prosecutor, 4th Dist., and Richard G. Norris, Staff Atty., State's Attys. Appellate Prosecutor, Springfield, for the People.

Justice BOWMAN delivered the opinion of the court:

A jury convicted defendant, Harry Testa, of unlawful delivery of a controlled substance (Ill.Rev.Stat.1989, ch. 56½, par. 1401(a)(2) (now 720 ILCS 570/401(a)(2) (West 1992))). The court sentenced him to eight years in prison and imposed a $1,400 street value fine. On appeal, defendant asserts the trial court erred in (1) admitting hearsay testimony, (2) allowing a jury instruction on accountability, and (3) denying...

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