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PEOPLE v. NYX

Docket No. 127897 (Calendar No. 4).

734 N.W.2d 548 (2007)

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Maurice Lamont NYX, Defendant-Appellee.

Supreme Court of Michigan.

Decided July 18, 2007.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Kym L. Worthy, Prosecuting Attorney, Timothy A. Baughman, Chief of Research, Training, and Appeals, and Thomas M. Chambers, Assistant Prosecuting Attorney, for the people.

John F. Royal, Detroit, for the defendant.

TAYLOR, C.J.

The issue in this case is whether a defendant charged with a crime that the Legislature has divided into degrees, such as first-degree criminal sexual conduct (CSC I), may, pursuant to MCL 768.32(1), properly be convicted of a lesser degree of the charged offense, such as second-degree criminal sexual conduct (CSC II), where the crime of a lesser degree contains an element not within the charged offense of...

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