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PEOPLE v. ORTEGA

No. 93834.

808 N.E.2d 496 (2004)

209 Ill.2d 354

283 Ill.Dec. 530

The PEOPLE of the State of Illinois, Appellant, v. Alvaro ORTEGA et al., Appellees.

Supreme Court of Illinois.

April 1, 2004.

Attorney(s) appearing for the Case

James E. Ryan and Lisa Madigan, Attorneys General, Springfield, and Richard A. Devine, State's Attorney, Chicago (William L. Browers, Lisa Hoffman and Linda D. Woloshin, Assistant Attorneys General, Chicago, and Renee Goldfarb, Alan J. Spellberg, Tracey Annen, James P. McKay, Jr., Veronica Calderon Malavia and Sari London, Assistant State's Attorneys, of counsel), for the People.

Robert A. Novelle, of Serpico, Novelle & Navigato, Ltd., Chicago (Timothy R. Roellig, of counsel), for appellees.

Justice GARMAN delivered the opinion of the court:

In 1996 defendants were charged by indictment with delivery of 999.38 grams of cocaine in violation of section 401 of the Illinois Controlled Substances Act (720 ILCS 570/401 (West 2000)). In 1999, prior to trial, the State successfully moved to disqualify defendants' counsel, attorney Robert Novelle, on conflict of interest grounds. Defendants petitioned for leave to appeal the disqualification order pursuant to...

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