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PEOPLE v. CUNNINGHAM

No. 94971.

818 N.E.2d 304 (2004)

212 Ill.2d 274

288 Ill.Dec. 616

The PEOPLE of the State of Illinois, Appellant, v. Brian CUNNINGHAM, Appellee.

Supreme Court of Illinois.

October 7, 2004.

Attorney(s) appearing for the Case

James E. Ryan, Lisa Madigan, Attorneys General, Springfield, Richard A. Devine, State's Attorney, Chicago (William L. Browers, Linda D. Woloshin, Assistant Attorneys General, Chicago, Renee G. Goldfarb, Kenneth T. McCurry, Veronica Calderon Malavia, Alan J. Spellberg, Heather Weiss, Assistant State's Attorneys, of counsel), for the People.

Dennis Doherty, Chicago, for appellee.

Justice GARMAN delivered the opinion of the court:

After a bench trial, defendant, Brian Cunningham, was convicted of possession of a controlled substance. 720 ILCS 570/402 (West 1998). The appellate court, with one justice dissenting, reversed, holding the evidence was insufficient to sustain the conviction. 333 Ill.App.3d 1045, 267 Ill.Dec. 675, 777 N.E.2d 478

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