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PEOPLE v. POTEAT

Docket No. 28565.

74 Mich. App. 598 (1977)

255 N.W.2d 1

PEOPLE v. POTEAT

Michigan Court of Appeals.

Decided March 30, 1977.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, L. Brooks Patterson, Prosecuting Attorney, Robert C. Williams, Chief Appellate Counsel, and T. Michael McLarry, Assistant Appellate Counsel, for the people.

Sauer, Sterling & Stout (by Ronald F. Schilling), for defendant.

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

R.B. BURNS, J.

Defendant appeals his bench conviction of third-degree criminal sexual conduct. MCLA 750.520d; MSA 28.788(4).

Complainant was a 15-year-old boy at the time of the episode in question; defendant, a 35-year-old man. Defendant, complainant and four other teenage boys were spending an evening watching television. At approximately 9 o'clock, complainant got up and went to the bathroom. He testified...

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