People v. Cunningham

Defendant was convicted, after bench trial, with unlawful use of a weapon by a felon and aggravated use of a firearm, after Chicago police officers observed him loading a shotgun. The failure of police to preserve potentially useful evidence is not a denial of due process. No evidence that police destroyed Defendant's Bulls jacket intentionally or in bad faith. No evidence that failure to inventory jacket or ID, or destruction of jacket, was a discovery violation. As Defendant withdrew his specific request to exclude testimony as to the jacket, court's decision to deny his motion to dismiss, and not impose any other sanctions, was not an abuse of discretion.(CUNNINGHAM and DELORT, concurring.)