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PEOPLE v. BATTLES # 2

Docket No. 49756.

109 Mich. App. 487 (1981)

311 N.W.2d 779

PEOPLE v. BATTLES # 2.

Michigan Court of Appeals.

Decided September 10, 1981.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward Reilly Wilson, Principal Attorney, Appeals, and Anne B. Wetherholt, Assistant Prosecuting Attorney, for the people.

Susan J. Smith, Assistant State Appellate Defender, for defendant on appeal.

Before: BASHARA, P.J., and N.J. KAUFMAN and J.L. BANKS, JJ.

J.L. BANKS, J.

Defendant was convicted of embezzlement, MCL 750.174; MSA 28.371, and conspiracy to embezzle, MCL 750.157a(a), 750.174; MSA 28.354(1)(a), 28.371. He was thereafter sentenced to serve concurrent terms of from 3 to 10 years imprisonment. Because defendant was denied the effective assistance of counsel and because the trial court erroneously admitted hearsay evidence, we reverse and remand for a new trial.

On the day set for trial, November 8,...

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