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PEOPLE v. PEREZ

No. 2-92-0986.

630 N.E.2d 158 (1994)

258 Ill. App.3d 133

196 Ill.Dec. 461

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. William PEREZ, Defendant-Appellee.

Appellate Court of Illinois, Second District.

February 25, 1994.

Attorney(s) appearing for the Case

James E. Ryan, DuPage County State's Atty., Wheaton, William L. Browers, Deputy Director, Lisa A. Hoffman, State's Atty. Appellate Prosecutors, Elgin, for the People.

Richard H. Kane, Richard H. Kane & Associates, Ltd., Naperville, for William Perez.

Justice McLAREN delivered the opinion of the court:

The State appeals pursuant to Supreme Court Rule 604(a)(1) (134 Ill.2d R. 604(a)(1)) from an order of the circuit court of Kane County granting the motion of the defendant, William Perez, to suppress evidence. The State argues on appeal that the cocaine removed from defendant's pants pocket after a pat-down search inevitably would have been discovered during a subsequent search incident to arrest. We affirm in part...

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