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PEOPLE v. BRECK

Docket No. 199668.

584 N.W.2d 602 (1998)

230 Mich. App. 450

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Larry Joe BRECK, Defendant-Appellant.

Court of Appeals of Michigan.

Decided June 23, 1998, at 9:25 a.m.

Released for Publication September 29, 1998.

Attorney(s) appearing for the Case

Frank J. Kelley, Atty. Gen., Thomas L. Casey, Sol. Gen., James J. Gregart, Prosecuting Atty., and Alan D. Harbaugh, Asst. Prosecuting Atty., for People.

John M. Wiewiora, Muskegon, for defendant on appeal.

Before SAWYER, P.J., and MICHAEL J. KELLY and SMOLENSKI, JJ.

MICHAEL J. KELLY, Judge.

Following a bench trial, defendant was convicted of third-degree criminal sexual conduct, M.C.L. § 750.520d(1)(c); M.S.A. § 28.788(4)(1)(c). He was sentenced to five to fifteen years' imprisonment. He was fifty years old at the time of sentencing. Defendant now appeals as of right. We affirm.

The charges against defendant arose out of the victim's accusation that defendant had repeatedly "raped" him.1

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