People v. Lewis

Defendant was convicted, after 2nd jury trial, of aggravated unlawful use of a weapon (AUUW). Court had declared a mistrial after Defendant's 1st trial due to a hung jury. No ineffective assistance of counsel for failing to raise impeachment issue when that issue was unlikely to succeed. No error by trial court not allowing defense counsel to have the gun tested for fingerprints. Court found that, due to the way the gun was handled at the first trial, any prints were likely obliterated.Court found that testing would no longer have any evidentiary value, as gun had not been handled as a piece of evidence to preserve any original prints.(McBRIDE and REYES, concurring.)