People v. Falco

Defendant was convicted, after jury trial, of possession of a firearm with defaced identification marks. Trial counsel was ineffective for failing to request a jury instruction which would have properly informed jury that Defendant must knowingly possess firearm with defaced identification marks to be found guilty of that offense. Non-IPI instruction given failed to inform jury of applicable mental state of knowingly, as it failed to include the word "knowledge" and did not define the word "knowledge" at all. (HARRIS and SIMON, concurring.)