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PEOPLE v. McCOY

No. 2-10-0424.

19 N.E.3d 628 (2014)

2014 IL App (2d) 100424-B

385 Ill. Dec. 696

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Daniel K. McCOY, Defendant-Appellant.

Appellate Court of Illinois, Second District.

September 29, 2014.

Attorney(s) appearing for the Case

Thomas A. Lilien and Bruce Kirkham , both of State Appellate Defender's Office, of Elgin, for appellant.

Michelle J. Courier , State's Attorney, of Belvidere ( Lawrence M. Bauer and Victoria E. Jozef , both of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

OPINION

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

¶ 1 Defendant, Daniel K. McCoy, appealed the first-stage dismissal of his petition under the Post-Conviction Hearing Act (Act) (725 ILCS 5/122-1 et seq. (West 2010)); he asserted that he stated the gist of a claim of ineffective assistance of counsel and that the dismissal was thus error. The State responded that defendant did not properly verify the petition and...

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