{
  "id": 2470198,
  "name": "The People of the State of Illinois, Plaintiff-Appellee, v. Abdolaziz Gilmore Bey, a/k/a Gilmore Abdulazia Iba Suad Bey, a/k/a Timothy Bey, a/k/a Eddie William, a/k/a James Smith, a/k/a Abdul Bey, a/k/a Eddie Bey, a/k/a Gilmore Aziz, a/k/a Ibusuad Bey, a/k/a Abdul G. Bey, Defendant-Appellant",
  "name_abbreviation": "People v. Bey",
  "decision_date": "1971-05-28",
  "docket_number": "No. 54688",
  "first_page": "250",
  "last_page": "252",
  "citations": [
    {
      "type": "official",
      "cite": "133 Ill. App. 2d 250"
    }
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  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "79 Ill.App,2d 422",
      "category": "reporters:state",
      "reporter": "Ill. App. 2d",
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      "category": "reporters:state",
      "reporter": "Ill. App. 2d",
      "case_ids": [
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    {
      "cite": "63 Ill.App.2d 232",
      "category": "reporters:state",
      "reporter": "Ill. App. 2d",
      "case_ids": [
        5297006
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      "pin_cites": [
        {
          "page": "243"
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      "case_paths": [
        "/ill-app-2d/63/0232-01"
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  "last_updated": "2023-07-14T20:40:15.946523+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "The People of the State of Illinois, Plaintiff-Appellee, v. Abdolaziz Gilmore Bey, a/k/a Gilmore Abdulazia Iba Suad Bey, a/k/a Timothy Bey, a/k/a Eddie William, a/k/a James Smith, a/k/a Abdul Bey, a/k/a Eddie Bey, a/k/a Gilmore Aziz, a/k/a Ibusuad Bey, a/k/a Abdul G. Bey, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. PRESIDING JUSTICE ENGLISH\ndelivered the opinion of the court:\nOFFENSE CHARGED\nBurglary. Ill. Rev. Stat. 1967, ch. 38, sec. 19\u20141.\nJUDGMENT\nDefendant pleaded guilty and was sentenced to a term of one to three years.\nCONTENTIONS RAISED ON APPEAL\n1. The court erred in denying defendant\u2019s motion for substitution of judges.\n2. Defendant was not properly admonished as to his rights on entering his plea of guilty.\nOPINION\nDefendant made a motion for substitution of judges on the ground that the trial judge had just convicted his brother in another case. The court denied the motion, explaining that its presentation was not timely, since the selection of the jury in defendant\u2019s case had already begun and, at defendant\u2019s request, the court had previously conducted a conference on the matter, at which time certain material evidence had been put before the court to ascertain its views. Defendant\u2019s attorney also informed the court that, at the time defendant had requested the conference, defendant had been advised that, by having a conference, he would be precluded from seeking a substitution of judges.\nThe record indicates that the selection of the jury had, in fact, begun before defendant made his motion for a substitution of judges. In People v. Scott, 63 Ill.App.2d 232, 243, the court, considering the timeliness of a motion for a change of venue, held that the trial had commenced when the jury was called for examination, and the motion, having been made thereafter, had come too late.\nThe motion in the instant case was also too late because it was made after the judge had indicated his view of certain matters in a conference held at defendant\u2019s request. As stated in Stickler v. McCarthy, 64 Ill.App.2d 1, 19-20, a party cannot \u201cprobate the attitude of a court\u201d on issues in the case and, finding it adverse, then seek a change of venue.\nDefendant\u2019s second contention is that he was not properly admonished as to the rights he was relinquishing by pleading guilty. After the denial of defendant\u2019s motion for substitution, defendant himself brought up the subject that he was on probation for a prior robbery conviction, and then the foHowing exchange took place:\n\u201cDEFENDANT: I\u2019ll take what you offered me.\nTHE COURT: You want to take what your lawyer said he thought he could get for you at the conference?\nDEFENDANT: Yes, sir.\n# # #\nTHE COURT: AH right, put this on the record. He wants to withdraw his plea of not guilty heretofore made to the Indictment and enter a plea of guilty.\nDEFENSE COUNSEL: You understand you are pleading guilty to the charge, do you want to do this?\nDEFENDANT: Yes, sir.\nDEFENSE COUNSEL: You are certain?\nDEFENDANT: Yes, sir.\nTHE COURT: Now why are you pleading guilty, because you are guilty, is that right? Are you guilty?\nDEFENDANT: Yes, sir.\nTHE COURT: All right, then. Now let the record show that the court is admonishing this man: When you plead guilty you automatically do away with your right to have your case tried by the jury like we are selecting out there now or in the absence of the jury to have it tried by tire judge, now knowing that do you want to plead guilty? You don\u2019t have a chance to have the jury once you plead guilty, you understand that?\nDEFENDANT: Yes, your Honor.\nTHE COURT: All right, you don\u2019t have a right to have it tried by a judge if you plead guilty.\nNow the judge may give you from one to any number of years\u2014 isn\u2019t that right on burglary?\nSTATE\u2019S ATTORNEY: One to any number, Judge.\nTHE COURT: Knowing that you insist on your plea, is that right?\nDEFENDANT: Yes, sir.\u201d\nThe brief filed on behalf of defendant has characterized these proceedings as a \u201crush to tuck the defendant away on a plea,\u201d and criticizes the judge as one who \u201ccouldn\u2019t spare the time to comply with any standards of fairness endorsed by law.\u201d We believe this charge to be unsupported by the record and wholly unwarranted. In our opinion, the circumstances disclosed by the record as a whole indicate that this defendant understood the nature of the burglary charge against him and the consequences of a guilty plea which he knowingly made. People v. Mace, 79 Ill.App,2d 422, 426-427.\nThe judgment is affirmed.\nJudgment affirmed.\nDRUCKER and LORENZ, JJ., concur.",
        "type": "majority",
        "author": "Mr. PRESIDING JUSTICE ENGLISH"
      }
    ],
    "attorneys": [
      "Gerald W. Getty, Public Defender, of Chicago, (Susan M. Kohut and James J. Doherty, Assistant Public Defenders, of counsel,) for appellant.",
      "Edward V. Hanrahan, State\u2019s Attorney, of Chicago, (Robert A. Novelle and Martin Moltz, Assistant State\u2019s Attorneys, of counsel,) for the People."
    ],
    "corrections": "",
    "head_matter": "The People of the State of Illinois, Plaintiff-Appellee, v. Abdolaziz Gilmore Bey, a/k/a Gilmore Abdulazia Iba Suad Bey, a/k/a Timothy Bey, a/k/a Eddie William, a/k/a James Smith, a/k/a Abdul Bey, a/k/a Eddie Bey, a/k/a Gilmore Aziz, a/k/a Ibusuad Bey, a/k/a Abdul G. Bey, Defendant-Appellant.\n(No. 54688;\nFirst District\nMay 28, 1971.\nGerald W. Getty, Public Defender, of Chicago, (Susan M. Kohut and James J. Doherty, Assistant Public Defenders, of counsel,) for appellant.\nEdward V. Hanrahan, State\u2019s Attorney, of Chicago, (Robert A. Novelle and Martin Moltz, Assistant State\u2019s Attorneys, of counsel,) for the People."
  },
  "file_name": "0250-01",
  "first_page_order": 272,
  "last_page_order": 274
}