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PEOPLE v. McKINNEY

No. 5-94-0344.

655 N.E.2d 40 (1995)

274 Ill.App.3d 880

211 Ill.Dec. 380

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Kenneth McKINNEY, Defendant-Appellee.

Appellate Court of Illinois, Fifth District.

September 12, 1995.

Attorney(s) appearing for the Case

Gary Duncan, State's Attorney, Mt. Vernon, Norbert J. Goetten, Director; Robert J. Biderman, Deputy Director; Charles F. Mansfield, Staff Attorney, State's Attorneys Appellate Prosecutor; Corinne M. DavisCorr, Paralegal, Springfield, for appellant.

Daniel M. Kirwan, Deputy Defender; Robert S. Burke, Assistant Defender, Office of the State Appellate Defender, Fifth Judicial District, Mt. Vernon, for appellee.

Justice GOLDENHERSH delivered the opinion of the court:

Defendant, Kenneth McKinney, was charged with aggravated battery and unlawful possession of more than one gram but less than 15 grams of a substance containing cocaine with the intent to deliver on school grounds. Defendant filed a motion to suppress, and on April 28, 1994, a hearing on the motion was held. The trial court granted defendant's motion. The State appeals...

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