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PEOPLE v. SMITH

No. 1-07-2101.

931 N.E.2d 864 (2010)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Roderick SMITH, Defendant-Appellant.

Appellate Court of Illinois, First District, Fourth Division.

June 30, 2010.

Attorney(s) appearing for the Case

Frank J. Himel, Chicago, for Defendant-Appellant.

Anita Alvarez, State's Attorney of Cook County (James E. Fitzgerald, Michelle Katz, Hareena Meghani-Wakely, of counsel), for Plaintiff-Appellee.

Justice NEVILLE delivered the opinion of the court:

Roderick Smith, the defendant, was found guilty by a jury of the attempted murder of a peace officer and of aggravated battery of a peace officer. On appeal, defendant challenges only the attempted murder conviction. He argues: (1) prosecutorial comments in closing argument deprived him of a fair trial; (2) the court should have instructed the jury on the lesser-included offense of reckless conduct;

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