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PEOPLE v. NICEN

Docket No. 61494.

123 Mich. App. 258 (1983)

333 N.W.2d 243

PEOPLE v. NICEN

Michigan Court of Appeals.

Decided February 10, 1983.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward Reilly Wilson, Deputy Chief, Civil and Appeals, and Janice M. Joyce Bartee, Assistant Prosecuting Attorney, for the people.

Monash & Monash, P.C. (by Richard A. Monash), for defendant on appeal.

Before: CYNAR, P.J., and N.J. KAUFMAN and MacKENZIE, JJ.

PER CURIAM.

Following a bench trial, defendant was convicted as charged of larceny in a building. MCL 750.360; MSA 28.592. Defendant was sentenced to two to four years imprisonment. He appeals as of right.

Relying on dicta in People v Carmichael, 86 Mich.App. 418; 272 N.W.2d 667 (1978), lv den 406 Mich. 949 (1979), defendant argues that the prosecutor abused his discretion...

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