People v. Presa

Illinois Appellate Court
Criminal Court
Evidence
Citation
Case Number: 
2014 IL App (3d) 130255
Decision Date: 
Thursday, December 18, 2014
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Reversed.
Justice: 
SCHMIDT
Defendant was convicted, after bench trial, of possession of syringes under Hypodermic Syringes and Needles Act when he was found in possession of 500 used and uncapped hypodermic syringes in a cardboard box in his bedroom. Defendant was a card-holding member of a non-profit needle exchange program aimed to prevent spread of HIV among IV drug users. Defendant qualified for statutory exemption as a "scientific researcher" by his participation in needle exchange program and thus evidence was insufficient to prove him guilty of offense beyond a reasonable doubt. (HOLDRIDGE and WRIGHT, concurring.)