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PEOPLE v. CAPUZI

Nos. 2-98-1031, 2-98-1034, 2-98-1035.

720 N.E.2d 662 (1999)

308 Ill. App.3d 425

242 Ill.Dec. 41

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Louis CAPUZI, Defendant-Appellee. The People of the State of Illinois, Plaintiff-Appellant, v. Paul Koroluk, Defendant-Appellee. The People of the State of Illinois, Plaintiff-Appellant, v. Frank Perez, Defendant-Appellee.

Appellate Court of Illinois, Second District.

Rehearing Denied December 9, 1999.

Attorney(s) appearing for the Case

Michael J. Waller, Lake County State's Attorney, Waukegan, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, Stephen E. Norris, Deputy Director, Kevin Sweeney, State's Attorneys Appellate Prosecutor, Mt. Vernon, for the People in No. 2-98-1031.

Gregory R. Ginex, Ginex & Fecarotta, P.C., Westchester, David S. Mejia, Chicago, Alan I. Lapping, Alan I. Lapping & Associates, Northbrook, for Louis Capuzi, Paul Koroluk, Frank Perez in No. 2-98-1031.

Michael J. Waller, Lake County State's Attorney, Waukegan, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, Stephen E. Norris, Deputy Director, State's Attorneys Appellate Prosecutor, Mt. Vernon, for the People in Nos. 2-98-1034 & 2-98-1035.

David S. Mejia, Chicago, for Paul Koroluk in No. 2-98-1034.

Alan I. Lapping, Alan I. Lapping & Associates, Northbrook, for Frank Perez in No. 2-98-1035.

Presiding Justice BOWMAN delivered the opinion of the court:

Defendants, Louis Capuzi, Paul Koroluk, and Frank Perez, were indicted for residential burglary (720 ILCS 5/19-3(a) (West 1996)). They moved to quash search warrants for their residences and to suppress evidence seized pursuant to the search warrants. The trial court granted defendants' motions on the grounds that the descriptions of property to be seized contained in the warrants were too general

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