PEOPLE v. ROSALES

Docket No. 87845.

160 Mich. App. 304 (1987)

408 N.W.2d 140

PEOPLE v. ROSALES

Michigan Court of Appeals.

Decided May 18, 1987.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, William D. Frey, Prosecuting Attorney, and Lawrence J. Van Wasshenova, Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by Richard B. Ginsberg), for defendant on appeal.

Before: WAHLS, P.J., and R.M. MAHER and D.J. SHIPMAN, JJ.


PER CURIAM.

The issue we are confronted with in this case is whether a defendant is entitled to reversal of his conviction when the prosecutor takes advantage of a bench trial and injects several errors into the proceeding that he admittedly would not have injected into a jury trial, and the judge is silent as to those errors. We hold that although error is less likely to be harmful at a bench trial, the prosecutor's duty to promote justice and avoid error is nonetheless...

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