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PEOPLE v. GABRIEL

No. 1-07-2231.

924 N.E.2d 1133 (2010)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Hermiz GABRIEL, Defendant-Appellant.

Appellate Court of Illinois, First District, Third Division.

January 27, 2010.

Attorney(s) appearing for the Case

Michael J. Pelletier, State Appellate Defender (Deputy Defender Patricia Unsinn and Assistant Appellate Defender Jessica D. Thomlinson, of counsel), Law Office of William P. Murphy, Chicago (William P. Murphy, of counsel) and Ridley, McGreevy & Weisz, P.C. (Kristen M. Frost, of counsel), for Appellant.

Anita Alvarez, State's Attorney of Cook County (Assistant State's Attorneys James E. Fitzgerald, Eve Reilly and Robert E. Foss, Jr., of counsel), for Appellee.

Justice QUINN delivered the opinion of the court:

Following a bench trial, defendant was found guilty of aggravated battery with a firearm based on an accountability theory and sentenced to seven years in prison. On appeal, defendant contends that: (1) the State failed to prove him guilty beyond a reasonable doubt of aggravated battery with a firearm where the identification testimony was unreliable and defendant presented three alibi witnesses; (2) the State failed...

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