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PEOPLE v. COMAGE

No. 109495.

946 N.E.2d 313 (2011)

241 Ill.2d 139

The PEOPLE of the State of Illinois, Appellee, v. Danny COMAGE, Appellant.

Supreme Court of Illinois.

February 25, 2011.

Attorney(s) appearing for the Case

Michael J. Pelletier , State Appellate Defender, Gary R. Peterson , Deputy Defender, and Colleen M. Morgan , Assistant Appellate Defender, of the Office of State Appellate Defender, of Springfield, for appellant.

Lisa Madigan , Attorney General, of Springfield, and Jack W. Ahola , State's Attorney, of Decatur ( Michael A. Scodro , Solicitor General, and Michael M. Glick , and David A. Simpson , Assistant Attorney's General, of Chicago, of counsel), for the People.

OPINION

Justice BURKE delivered the judgment of the court, with opinion.

In this case, we must determine whether certain physical evidence was "concealed" within the meaning of Illinois' obstructing justice statute when police officers knew where the evidence was and had no difficulty recovering it, but the evidence was out of the officers' sight for approximately 20 seconds. The appellate court concluded that the evidence was concealed and, on that basis...

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