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People v. Chancy

OPINION FILED DECEMBER 10, 1980.

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

v.

HARRISON CHANCY, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Cook County; the Hon. FRANK B. MACHALA, Judge, presiding.

MR. JUSTICE MCNAMARA DELIVERED THE OPINION OF THE COURT:

Defendant, Harrison Chancy, was charged with the murder of Emmanuel Slivinski. He was also charged with armed robbery, armed violence and burglary. A jury found defendant guilty of all charges and the court sentenced him to concurrent terms of 100 to 300 years for murder, 25 to 50 years for armed robbery, and 5 to 15 years for burglary. On appeal defendant contends that the use of perjured testimony by the State mandates a new trial; that the trial court erroneously denied his motion to suppress the identification; that he was denied a fair trial through the use of prejudicial and hearsay testimony and by improper prosecutorial comment; and that he was denied the effective assistance of counsel.

On May 28, 1977, at about 6 a.m., three persons invaded a Lemont, Illinois, home occupied by Lillian and Emmanuel Slivinski. While the others ransacked the home, the third robber, identified by Mrs. Slivinski as defendant, held a gun on the couple. After about five minutes, the couple were ordered to cover their heads with pillowcases. While Mr. Slivinski prayed, the robbers kicked and struck him to learn the location of valuables in the home. Approximately $1,200 was taken. Before departing, the robbers bound and gagged the couple. Mrs. Slivinski then heard popping noises and felt her husband's blood run down her legs. When the robbers left, she freed herself and summoned help.

Emmanuel died on August 2, 1977, from a bullet wound in the head. From the time of the shooting to his death, he was blind and paralyzed.

Jeffrey LeBowe testified for the State that he was confined with defendant in the Will County jail. After defendant's lawyer noticed a resemblance between defendant and the witness, defendant asked LeBowe to change identification and go to court in defendant's place to upset the identification procedure. Although LeBowe declined the request, defendant confessed the crime to LeBowe.

We find no merit in defendant's initial contention that his conviction is based on the false testimony of LeBowe. Defendant argues that LeBowe perjured himself when he testified that his previous criminal record consisted of only two burglary convictions whereas in fact he had other convictions. Defendant also complains that LeBowe falsely testified that he received no consideration from the State in exchange for his testimony.

On February 5, 1979, LeBowe testified as a State witness in the present trial. In 1978 he had entered a plea of guilty to two burglaries. At the present trial, the following colloquy occurred during direct examination of LeBowe by the prosecutor:

"Q. Mr. LeBowe, how many crimes were you convicted of to this day?

A. Two.

Q. And what crimes were you so convicted?

A. Felonies, I mean felony burglaries.

Q. Two burglaries?

A. Yes sir.

Q. Now, in return for your testimony today were you given any consideration as to the sentence you will ...


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