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PEOPLE v. HARRIS

No. 1-10-3382.

957 N.E.2d 930 (2011)

354 Ill. Dec. 336

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Derek HARRIS, Defendant-Appellee.

Appellate Court of Illinois, First District, Fifth Division.

September 2, 2011.

Attorney(s) appearing for the Case

Anita Alvarez , State's Attorney of Cook County, Alan J. Spellberg , Assistant State's Attorney, Veronica Calderon Malavia , Assistant State's Attorney, Yvette Loizon , Assistant State's Attorney, Sebastian Soto , Assistant State's Attorney, for Appellant.

Michael J. Pelletier , State Appellate Defender, Alan D. Goldberg , Deputy Defender, Rachel Moran , Assistant Deputy Defender, for Appellee.

OPINION

Presiding Justice EPSTEIN delivered the judgment of the court, with opinion.

¶ 1 Defendant Derek Harris was arrested on April 23, 2010, and was charged with aggravated unlawful use of a weapon pursuant to sections 24-1.6(a)(1) and (a)(3)(A) of the Criminal Code of 1961 (720 ILCS 5/24-1.6(a)(1), (a)(3)(A) (West 2008)). Defendant moved to quash the arrest and suppress the weapon recovered by the police at the time of the arrest. After initially...

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