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PEOPLE v. HYMAN

Docket No. 86615.

156 Mich. App. 504 (1986)

402 N.W.2d 44

PEOPLE v. HYMAN

Michigan Court of Appeals.

Decided December 2, 1986.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, John D. O'Hair, Prosecuting Attorney, and Timothy A. Baughman, Deputy Chief, Civil and Appeals, for the people.

Craig A. Daly, for defendant.

Before: M.J. KELLY, P.J., and J.H. GILLIS and J.R. ERNST, JJ.

J.H. GILLIS, J.

Defendant was charged with possession of more than 225, but less than 650, grams of cocaine with intent to deliver. MCL 333.7401(1), (2)(a)(ii); MSA 14.15(7401)(1), (2)(a)(ii). A motion to suppress the evidence was filed and an evidentiary hearing conducted thereon. During the course of that hearing, it was discovered that the affidavit offered to support the issuance of the search warrant had not been signed. As a result of this defect, the trial...

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