Defendant was convicted of aggravated unlawful use of a weapon. Officer testified that he saw Defendant, after he had gotten back inside vehicle upon officer's instruction, retrieve a handgun from his waistband and throw it onto floorboard of back seat of car. Defendant argued this was "dropsy" testimony, because it is inherently incredible that he would have dropped the gun in plain view of officers. The recognized reasons for an officer to present untruthful "dropsy" testimony are not present and thus no reason to intrude on trial court's express credibility findings or second guess officers' testimony. As court found officers credible, State was not required to present additional physical evidence that linked Defendant to the gun. (MASON and PUCINSKI, concurring.)
Illinois Appellate Court
Criminal Court
Weapons