People v. Faber

Defendant was convicted, after jury trial, of first degree murder and aggravated battery with a firearm. No ineffective assistance of counsel, as trial counsel ably advocated on behalf of Defendant; he filed motions to suppress identification and vehemently argued motions, cross-examined State's witnesses and questioned reliability of witnesses. Court's finding that photo array procedure was proper was not against manifest weight of evidence. Lineup was not unduly suggestive by Defendant being the only person in lineup wearing sleeveless t-shirt, which witness identified offender as wearing. Fact that Defendant was the only person in both photo array and lineup does not render lineup suggestive. (QUINN and CUNNINGHAM, concurring.)