People v. Curry

Defendant was convicted, after bench trial, of armed violence and possession of a controlled substance with intent to deliver. Plain reading of armed violence statute requires a defendant to be armed during a confrontation with police or during commission of a felony offense. Possession of a gun while possessing drugs with intent to deliver establishes defendant's guilt for armed violence. regardless of how quickly he threw away gun while fleeing police. Court erred in convicting defendant for possession of a controlled substance with intent to deliver, as it was the lesser-included offense of armed violence conviction. (CONNORS and DELORT, concurring.)