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PEOPLE v. NEIDHOFER

No. 2-85-0803.

150 Ill. App.3d 518 (1986)

502 N.E.2d 57

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. DONALD E. NEIDHOFER, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed December 15, 1986.

Attorney(s) appearing for the Case

Peter J. Dockery, Public Defender, of Wheaton (John G. Skoubis, Assistant Public Defender, of counsel), for appellant.

James E. Ryan, State's Attorney, of Wheaton (William L. Browers and Cynthia N. Schneider, both of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Judgment affirmed.

PRESIDING JUSTICE NASH delivered the opinion of the court:

After a jury trial, the defendant, Donald E. Neidhofer, was convicted of the offense of driving with a blood-alcohol concentration of .10% or more (Ill. Rev. Stat. 1985, ch. 95 1/2, par. 11-501(a)(1)), and he appeals, contending: (1) that the prosecutor committed reversible error in referring to defendant's post-arrest silence; and (2) that the trial court erred in polling the jury...

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