PEOPLE v. HOWARD

Docket No. 201907.

595 N.W.2d 497 (1998)

233 Mich. App. 52

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Troy HOWARD, Defendant-Appellee.

Court of Appeals of Michigan.

Decided December 4, 1998, at 9:05 a.m.

Released for Publication March 12, 1999.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, John D. O'Hair, Prosecuting Attorney, and Timothy A. Baughman, Chief of Research, Training, and Appeals, for the people.

Steven Fishman, Detroit, for the defendant.

Before: HOEKSTRA, P.J., and MARK J. CAVANAGH and O'CONNELL, JJ.


O'CONNELL, J.

Defendant was charged with possession with intent to deliver fifty grams or more, but less than 225 grams, of cocaine, M.C.L. § 333.7401(2)(a)(iii); MSA 14.15(7401)(2)(a)(iii), and possession with intent to deliver less than fifty grams of heroin, M.C.L. § 333.7401(2)(a)(iv); MSA 14.15(7401)(2)(a)(iv). The drugs were seized during the execution of a search warrant. Defendant moved to suppress the evidence on the basis of a violation of the...

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