Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Defendant was convicted, after bench trial, of aggravated unlawful use of a weapon (AUUW). Defendant was not denied effective assistance of counsel. As Defendant was not seized, within meaning of Fourth Amendment, at time gun fell to ground, filing motion to suppress would have been futile, and thus no ineffective assistance of counsel in not filing such motion. (STEELE and SALONE, concurring.)