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PEOPLE v. BROOKS

No. 1-93-0216.

660 N.E.2d 270 (1996)

277 Ill.App.3d 392

214 Ill.Dec. 79

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Marcus BROOKS, Defendant-Appellant.

Appellate Court of Illinois, First District, First Division.

January 8, 1996.

Attorney(s) appearing for the Case

Michael J. Pelletier, Deputy Defender; Patricia Mysza, Asst. Appellate Defender, Office of State Appellate Defender, Chicago, for appellant.

Jack O'Malley, State's Attorney, County of Cook; Renee Goldfarb, Linda Woloshin, Pette Plass, Asst. State's Attorneys, of Counsel, for appellee.

Justice WOLFSON delivered the opinion of the court:

A defendant in a criminal case has the fundamental right to present his defense to the trier of fact. In this case, the trial judge excluded the defendant's alibi defense because of a minor infraction of the discovery rules. We find the sanction of exclusion was too harsh. For that reason we reverse the defendant's murder and armed robbery convictions and remand the case for a new trial.

EVIDENCE AT TRIAL...

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