PEOPLE v. VAN BROCKLIN

Docket No. 24239.

76 Mich. App. 427 (1977)

257 N.W.2d 107

PEOPLE v. VAN BROCKLIN

Michigan Court of Appeals.

Decided July 6, 1977.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Jon S. Shepherd, Prosecuting Attorney (Prosecuting Attorneys Appellate Unit, Mark I. Leach, Assistant Attorney General, of counsel), for the people.

Kathleen M. Cummins, Assistant State Appellate Defender, for defendant.

Before: R.B. BURNS, P.J., and D.E. HOLBROOK and M.B. BREIGHNER, JJ.


R.B. BURNS, P.J.

Defendant was convicted by jury of breaking and entering an occupied dwelling contrary to MCLA 750.110; MSA 28.305. Defense counsel also represented a prosecution witness for whom he had secured immunity. The issue on appeal is whether defendant was deprived of effective assistance of counsel through counsel's failure to cross-examine the witness as to the immunity agreement. We hold that defendant was and reverse.

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