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PEOPLE v. LEIFKER

No. 2-98-0881.

716 N.E.2d 1268 (1999)

307 Ill. App.3d 25

240 Ill.Dec. 321

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. James E. LEIFKER, Defendant-Appellee.

Appellate Court of Illinois, Second District.

September 9, 1999.

Attorney(s) appearing for the Case

Charles W. Roddick, Jo Daviess County State's Attorney, Galena, Martin P. Moltz, Deputy Director, Lawrence M. Bauer, State's Attorneys Appellate Prosecutor, Elgin, for the People.

Joseph E. Nack, Nack, Richardson, Kelly & Kurt, Galena, for James E. Leifker.

Justice McLAREN delivered the opinion of the court:

The State appeals from the circuit court's order granting the motion of defendant, James E. Leifker, to suppress evidence. See 145 Ill.2d R. 604(a)(1). Defendant was charged with the unlawful possession of drug paraphernalia (720 ILCS 600/3.5(a) (West 1998)), a Class A misdemeanor. The State argues that the trial court's decision to grant defendant's motion was manifestly erroneous. See People v. James,

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