PEOPLE v. LEE

Docket No. 91332.

177 Mich. App. 382 (1989)

442 N.W.2d 662

PEOPLE v. LEE

Michigan Court of Appeals.

Decided June 6, 1989.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, David H. Sawyer, Prosecuting Attorney, and Timothy K. McMorrow, Chief Appellate Attorney, for the people.

Catchick & Dodge (by David A. Dodge), for defendant.

Before: WEAVER, P.J., and HOLBROOK, JR. and T. GILLESPIE, JJ.


HOLBROOK, JR., J.

Defendant was convicted by a jury of first-degree criminal sexual conduct, MCL 750.520b(1)(a); MSA 28.788(2)(1)(a), arising out of the sexual penetration of his seven-year-old daughter. He was sentenced to six to twenty years in prison. Defendant's motion for new trial was denied and he appeals as of right, claiming that the trial court erred in admitting the hearsay testimony of the victim's mother under MRE 803(2), the hearsay exception for excited...

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