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PEOPLE v. RUSSELL

Docket No. 84754.

152 Mich. App. 537 (1986)

394 N.W.2d 9

PEOPLE v. RUSSELL

Michigan Court of Appeals.

Decided March 19, 1986.

Attorney(s) appearing for the Case

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

Defenders' Office — Legal Aid and Defender Association of Detroit (by Donald L. Johnson), for defendant on appeal.

Before: MacKENZIE, P.J., and D.F. WALSH and SHEPHERD, JJ.

PER CURIAM.

Following a preliminary examination, defendant was bound over to Recorder's Court for trial on a charge of possession of heroin, fifty grams or less, MCL 333.7403(2)(a)(iv); MSA 14.15(7403)(2)(a)(iv). The people appeal as of right from an order by Recorder's Court Judge Michael F. Sapala granting defendant's motion to suppress certain evidence and dismiss the information. We reverse and remand.

The only testimony given at an evidentiary hearing...

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