People v. Moore

Illinois Appellate Court
Criminal Court
Citation
Case Number: 
2013 IL App (1st) 110793
Decision Date: 
March 22, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Justice: 
REYES
Holding: 
Affirmed.
Trier of fact could have reasonably found the arresting officers' testimony credible, as to their observations of Defendant disposing of a handgun by dropping it and kicking it under a bush, upon realizing officers were present. Even if false police testimony as to suspects dropping contraband in plain view ("dropsy" testimony) is common, that does not compel trier of fact to disbelieve an officer's testimony about the subject. Aggravated unlawful use of a weapon (AUUW) statute is not unconstitutional. (LAMPKIN and HALL, concurring.)