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PEOPLE v. PAYNE

Docket No. 72798.

134 Mich. App. 68 (1984)

350 N.W.2d 835

PEOPLE v. PAYNE

Michigan Court of Appeals.

Decided April 17, 1984.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Gerald L. White, Prosecuting Attorney, and Richard E. Priehs, Assistant Prosecuting Attorney, for the people.

Durance & Rhead (by Robert J. Rhead), for defendant.

Before: J.H. GILLIS, P.J., and SHEPHERD and J.J. KELLEY, JJ.

PER CURIAM.

Defendant was charged with two counts of unlawfully driving away a motor vehicle, MCL 750.413; MSA 28.645, and two counts of receiving and concealing stolen property, MCL 750.535; MSA 28.803. The trial court granted defendant's motion to suppress evidence seized after a search made pursuant to a search warrant and the people take this appeal by leave granted.

The trial court summarized the facts as follows:

"On January 6, 1983, William...

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