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People v. Riszowski

SEPTEMBER 5, 1974.

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

VICTOR RISZOWSKI, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Cook County; the Hon. THOMAS P. CAWLEY, Judge, presiding.

MR. PRESIDING JUSTICE MCNAMARA DELIVERED THE OPINION OF THE COURT:

Defendant, Victor Riszowski, was charged with petit theft and attempt deceptive practice. After a bench trial in the circuit court of Cook County, he was found guilty of both charges. He was sentenced to one year on each charge, the sentences to run concurrently. Defendant appeals, contending that the trial court committed reversible error in failing to suppress certain inculpatory statements attributed to him stemming from an allegedly illegal arrest.

On the date of trial, defendant requested a fourth continuance because his retained counsel had not appeared. The trial court denied the motion and informed defendant that he would have to go to trial on that day. An assistant public defender was appointed to represent defendant, and the case was passed for a short while.

When the case was called, appointed counsel again advised the court that defendant still wished time to hire private counsel. The trial judge again refused to grant a continuance. Thereupon, appointed defense counsel pleaded defendant not guilty, waived a jury trial, and made an oral motion "to suppress statements made by the defendant." The State agreed to waive its right to a written motion, and the hearing on the motion to suppress statements proceeded immediately.

One witness, Frank Capadona, the arresting officer, testified at that hearing. The record reveals that the direct examination by the defense attorney commenced in the following manner:

"Q. Did you have occasion to place the defendant under arrest?

A. I did.

Q. Did you have a warrant for his arrest?

A. I did not.

Q. Where was the defendant when you placed him under arrest?

A. He was hiding in the closet at 5105 West Huron.

Q. Did you see the defendant commit any crime?

A. No, I didn't."

The balance of the examination by defense counsel related to the voluntariness of the statements given by the defendant and to the officer's compliance ...


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