People v. Lucente

JUSTICE SIMON,

specially concurring:

While I agree with the court’s decision, the majority reaches too far by unnecessarily distinguishing People v. Garcia (1982), 109 Ill. App. 3d 142, from the instant case. The court in Garcia addressed two issues: (1) whether the defendant in that case made the requisite “substantial preliminary showing” (preliminary showing) under Franks v. Delaware (1978), 438 U.S. 154, 57 L. Ed. 2d 667, 98 S. Ct. 2674, to trigger an evidentiary hearing, and (2) whether Illinois should extend Franks by requiring an evidentiary hearing when the defendant’s preliminary…