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PEOPLE v. NIEVES

No. 55681.

92 Ill.2d 452 (1982)

442 N.E.2d 228

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. AMERICO NIEVES, Appellee.

Supreme Court of Illinois.

Opinion filed October 22, 1982.

Attorney(s) appearing for the Case

Tyrone C. Fahner, Attorney General, of Springfield, and Edward F. Petka, State's Attorney, of Joliet (Herbert Lee Caplan, Melbourne A. Noel, Jr., Thomas E. Holum, Kenneth A. Fedinets, and Marcia L. Friedl, Assistant Attorneys General, of Chicago, and John X. Breslin and Kenneth A. Wilhelm, of the State's Attorneys Appellate Service Commission, of Ottawa, of counsel), for the People.

Robert Agostinelli and Stephen H. Omolecki, of the Office of the State Appellate Defender, of Ottawa, for appellee.

Appellate court reversed; circuit court affirmed.

JUSTICE MORAN delivered the opinion of the court:

Following a jury trial in the circuit court of Will County, Americo Nieves was convicted of the unlawful delivery of more than 15 grams of a substance containing heroin and sentenced to 30 years in prison. The appellate court held that the admission into evidence of tape-recorded phone conversations was error, due...

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