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PEOPLE v. CLARK

Docket No. 116022.

181 Mich. App. 577 (1989)

450 N.W.2d 75

PEOPLE v. CLARK

Michigan Court of Appeals.

Decided December 19, 1989.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Richard Thompson, Prosecuting Attorney, Robert C. Williams, Chief, Appellate Division, and Richard H. Browne, Assistant Prosecuting Attorney, for the people.

John T. Rowland, for defendant.

Before: HOOD, P.J., and CYNAR and GRIFFIN, JJ.

PER CURIAM.

The prosecution appeals by leave granted the February 22, 1989, order of the circuit court affirming the order of the district court which suppressed the evidence of narcotics and dismissed the charge against defendant of delivery of less than fifty grams of a controlled substance. MCL 333.7401(1), (2)(a)(iv); MSA 14.15(7401)(1), (2)(a)(iv). The prosecution argues that exclusion of evidence is not appropriate where it is premised solely on a violation...

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