People v. Abram

Illinois Appellate Court
Criminal Court
Hearsay
Citation
Case Number: 
2016 IL App (1st) 132785
Decision Date: 
Monday, March 7, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Affirmed.
Justice: 
LIU

Defendant was convicted, after jury trial, of possession of a controlled substance with intent to deliver and court was sentenced to 7 years. As there is no recognized exception to rule against hearsay in Illinois for present sense impressions, the police call-out tape was not properly admitted on that basis. However, statements qualified as excited utterances, circumstances of as officers' pursuit of Defendant were sufficiently startling to produce unreflective statements. State provided substantial evidence that Defendant was in actual possession of cocaine retrieved by officers along path of vehicle and admitted as evidence.  Officers consistently testified that they saw objects being thrown from vehicle and that in certain instances they were able to keep those objects in view and retrieve them for testing and identification.  (CONNORS and HARRIS, concurring.)