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PEOPLE v. WARDLOW

No. 1-96-0094.

678 N.E.2d 65 (1997)

287 Ill. App.3d 367

222 Ill.Dec. 658

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Sam WARDLOW, Defendant-Appellant.

Appellate Court of Illinois, First District, Second Division.

March 18, 1997.

Attorney(s) appearing for the Case

Rita A. Fry, Public Defender of Cook County, Chicago (Eileen T. Pahl, Asst. Public Defender, of counsel), for Defendant-Appellant.

Jack O'Malley, State's Attorney, County of Cook, Chicago (Renee Goldfarb, Veronica X. Calderon, of counsel),* for Plaintiff-Appellee.

Justice DiVITO delivered the opinion of the court:

Following a bench trial, defendant Sam Wardlow was found guilty of unlawful use of a weapon by a felon and was sentenced to two years' imprisonment. The sole issue in this appeal is whether the circuit court erred in denying defendant's motion to suppress the gun that was seized from him during an investigatory stop. For the reasons that follow, we conclude that defendant's motion to suppress should have been granted...

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