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PEOPLE v. OSTROWSKI

No. 2-07-1095.

914 N.E.2d 558 (2009)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. James M. OSTROWSKI, Defendant-Appellant.

Appellate Court of Illinois, Second District.

August 18, 2009.

Attorney(s) appearing for the Case

James K. Leven, Attorney At Law, Chicago, IL, for Appellant.

John A. Barsanti, Kane County State's Attorney, St. Charles, IL, Lawrence M. Bauer, Deputy Director, State's Attorney Appellate prosecutor, Cynthia N. Schneider, State's Attorney Appellate Prosecutor, Elgin, IL, for Appellee.

Justice BOWMAN delivered the opinion of the court:

Defendant, James M. Ostrowski, was convicted after a bench trial of one count of aggravated criminal sexual abuse (720 ILCS 5/12-16(b) (West 2006)) and one count of resisting a peace officer (720 ILCS 5/31-1(a) (West 2006)) and sentenced to 36 months' probation. On appeal, defendant argues that the State failed to prove him guilty beyond a reasonable doubt on both counts. We reverse the aggravated-criminal-sexual...

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