People v. Berry

Mr. PRESIDING JUSTICE GOLDBERG

delivered the opinion of the court:

After a bench trial, Stephen Berry (defendant), was found guilty of unlawful use of weapons (Ill. Rev. Stat. 1975, ch. 38, par. 24 — 1(a)(10)), and was sentenced to one to three years (par. 24 — 1(b)). On his appeal to this court he depends upon two issues: denial of his motion to suppress physical evidence and alleged violation of his due process rights because substantive evidence favorable to his defense was not produced by the State.

Police officer Eugene Bartkiewicz, called by defendant, was the only witness on the motion to…