People v. Kornegay

Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
2014 IL App (1st) 122573
Decision Date: 
Friday, May 23, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed as modified.
Justice: 
TAYLOR
Defendant was convicted of unlawful use of weapon by felon and simple possession of heroin. No ineffective assistance of counsel based on counsel's failure to file motion to quash search warrant and suppress evidence. Despite lack of proof that informant was questioned in court, informant appeared before magistrate when warrant was issued and thus was available for questioning. Evidence provided judge with substantial basis to conclude that probable cause existed to search apartment, and thus motion to suppress would not have been meritorious. That Defendant was on mandatory supervised release and on home monitoring had a severely diminished expectation of privacy in his person and residence. (GORDON and PALMER, concurring.)