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PEOPLE v. MATEO

Docket No. 96079, Calendar No. 9.

551 N.W.2d 891 (1996)

453 Mich. 203

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Raul I. MATEO, Defendant-Appellant.

Supreme Court of Michigan.

Decided July 31, 1996.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Richard Thompson, Prosecuting Attorney, Joyce F. Todd, Chief, Appellate Division, and Thomas R. Grden, Assistant Prosecuting Attorney, Pontiac, for the people.

State Appellate Defender by Robyn B. Frankel, Detroit, for defendant.

Donald Martin, President, John D. O'Hair, Prosecuting Attorney, and Timothy A. Baughman, Chief, Research, Training and Appeals, Lansing, for Amicus Curiae, Prosecuting Attorneys Association of Michigan.

David A. Moran, Detroit, for Amicus Curiae, Criminal Defense Attorneys of Michigan.

OPINION

BOYLE Justice.

We granted leave in this case to determine the standard of review on appeal of preserved error that does not involve a constitutional claim. We hold that M.C.L.A. § 769.26; M.S.A. § 28.1096 does not impinge on this Court's authority to determine practice and procedure and does not require a literal definition of miscarriage of justice. On direct review, the reviewing court is not to apply the standard for preserved constitutional...

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