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PEOPLE v. BUDNICK

Docket No. 140387.

197 Mich. App. 21 (1992)

494 N.W.2d 778

PEOPLE v. BUDNICK

Michigan Court of Appeals.

Decided November 17, 1992, at 9:35 A.M.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Richard Thompson, Prosecuting Attorney, Michael J. Modelski, Chief, Appellate Division, and Thomas S. Richards, Assistant Prosecuting Attorney, for the people.

Faintuck, Shwedel & Wolfram (by Marvin S. Shwedel), and Bruce T. Leitman, for the defendant.

Before: HOOD, P.J., and WAHLS and McDONALD, JJ.

WAHLS, J.

This is an appeal by the people of an order of the Oakland Circuit Court that granted defendant's motion to quash the information filed against him. We reverse and remand for further proceedings.

On September 21, 1990, defendant was charged with first-degree criminal sexual conduct, MCL 750.520b(1)(a); MSA 28.788(2)(1)(a). Defendant was alleged to have sexually penetrated the complainant in October 1975. The complainant was born on

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