PEOPLE v. GALLEGO

Docket No. 76904, (Calendar No. 7).

430 Mich. 443 (1988)

424 N.W.2d 470

PEOPLE v. GALLEGO

Supreme Court of Michigan.

Decided June 1, 1988.


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 Division, and Thomas S. Richards, Assistant Prosecuting Attorney, for the people.

James W. Burdick for the defendant.

Amicus Curiae:

James Schuster for the American Civil Liberties Union.


BRICKLEY, J.

This case of first impression requires us to decide whether defendant, aggrieved by the breach of an unauthorized, non-plea agreement with the police, providing that he not be prosecuted, is entitled to specific performance of that agreement. We hold that he is not and that, on the facts of this case, suppression or exclusion of the written agreement made with the police and of the "buy money" is a more appropriate...

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