PEOPLE v. MILITELLO

Docket No. 8375.

33 Mich. App. 93 (1971)

189 N.W.2d 838

PEOPLE v. MILITELLO

Michigan Court of Appeals.

Decided April 26, 1971.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Eugene C. Penzien, Prosecuting Attorney, for the people.

Philip R. Sturtz, for defendant.

Before: LESINSKI, C.J., and LEVIN and O'HARA, JJ.


LESINSKI, C.J.

Defendant was convicted of extortion, contrary to MCLA § 750.213 (Stat Ann 1962 Rev § 28.410). The people have filed a motion to dismiss the appeal and to assess damages pursuant to GCR 1963, 816.5 on the alleged grounds that this is a vexatious proceeding because taken "without any reasonable basis for belief that there was a meritorious issue to be determined on appeal". The people also move to strike the statement of facts in appellant...

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