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PEOPLE v. BANASIK

No. 79-2364.

93 Ill. App.3d 612 (1981)

417 N.E.2d 790

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. EMIL BANASIK, Defendant-Appellant.

Appellate Court of Illinois — First District (5th Division).

Opinion filed February 20, 1981.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Jeffrey R. Martin, Assistant Public Defender, of counsel), for appellant.

Richard M. Daley, State's Attorney, of Chicago (Marcia B. Orr, Richard F. Burke, and John M. Hynes, Assistant State's Attorneys, of counsel), for the People.

Reversed and remanded.

Mr. JUSTICE LORENZ delivered the opinion of the court:

Following a jury trial, defendant was convicted of battery (Ill. Rev. Stat. 1977, ch. 38, par. 12-3(a)) and possession of a hypodermic syringe without a prescription (Ill. Rev. Stat. 1977, ch. 38, par. 22-50) and was sentenced to 364 days on the battery conviction and three months on the possession conviction, with the sentences to run concurrently. On appeal, he contends that (1...

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