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PEOPLE v. TONEY

No. 1-09-0933.

957 N.E.2d 939 (2011)

354 Ill. Dec. 345

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Malcolm TONEY, Defendant-Appellant.

Appellate Court of Illinois, First District, First Division.

September 19, 2011.

Attorney(s) appearing for the Case

Daniel T. Mallon , Assistant Appellate Defender, Office of the State Appellate Defender, for Defendant-Appellant.

State's Attorney, County of Cook ( Alan J. Spellberg , Matthew Connors , of counsel), for Plaintiff-Appellee.

OPINION

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

¶ 1 Defendant, Malcolm Toney, was convicted of second-degree murder following a bench trial. Although defendant was a minor at the time of the offense, he was tried and sentenced as an adult to 18 years' imprisonment. On appeal, defendant asserts that: (1) the trial court improperly found a potential defense witness to be unavailable at trial on the basis of the witness's assertion...

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