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PEOPLE v. GALLEGO

Docket No. 78625.

143 Mich. App. 639 (1985)

372 N.W.2d 640

PEOPLE v. GALLEGO

Michigan Court of Appeals.

Decided June 18, 1985.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, L. Brooks Patterson, Prosecuting Attorney, Robert C. Williams, Chief Appellate Counsel, and Thomas S. Richards, Assistant Prosecuting Attorney, for the people.

Lippitt, Wolney, Goldpaugh, Svonich & Grand (by Norman L. Lippitt), for defendant on appeal.

Amicus Curiae:

Joseph T. Barberi (by David H. Sawyer and Timothy K. McMorrow), for the Prosecuting Attorneys Association of Michigan.

Before: D.E. HOLBROOK, JR., P.J., and ALLEN and E.M. THOMAS, JJ.

D.E. HOLBROOK, JR., P.J.

The people appeal by leave granted the order dismissing the charges against defendant. The charge of delivery of cocaine, MCL 333.7401, subds (1) and (2)(a)(ii); MSA 14.15(7401), subds (1) and (2)(a)(ii), and MCL 333.7214(a)(iv); MSA 14.15(7214)(a)(iv), arose from the alleged sale of 18 ounces of cocaine to an undercover officer. Defendant was given over $30,000 in state "buy" money. Shortly after this transaction occurred defendant was arrested...

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