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PEOPLE v. CONNER

Docket No. 113685.

182 Mich. App. 674 (1990)

452 N.W.2d 877

PEOPLE v. CONNER

Michigan Court of Appeals.

Decided March 19, 1990.

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, Chief of the Criminal Division, and Jeffrey Caminsky, Assistant Prosecuting Attorney, for the people.

Elizabeth L. Jacobs, for defendant.

Before: GRIFFIN, P.J., and REILLY and R.B. BURNS, JJ.

GRIFFIN, P.J.

The people appeal by leave granted from a lower court order which denied their motion to use at trial a preliminary examination transcript of the testimony of a material witness whom the prosecution claimed was unavailable. The Recorder's Court felt compelled to bar the use of the former testimony based upon the authority of People v Dye, 431 Mich. 58; 427 N.W.2d 501

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