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PEOPLE v. MONACO

Docket No. 247383.

686 N.W.2d 790 (2004)

262 Mich.App. 596

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Vito MONACO, Defendant-Appellant.

Court of Appeals of Michigan.

Decided June 24, 2004, at 9:15 a.m.

Released for Publication September 15, 2004.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Carl J. Marlinga, Prosecuting Attorney, and Jennifer Frustari Adlhoch, Assistant Prosecuting Attorney, for the people.

Law Offices of James T. Simmons, P.C. (by James T. Simmons), Shelby Township, for the defendant on appeal.

Before: NEFF, P.J. and WILDER and KIRSTEN FRANK KELLY, JJ.

KIRSTEN FRANK KELLY, J.

Defendant appeals by leave granted the trial court's order denying his motion to dismiss the charge of failure to pay court-ordered support (felony nonsupport), MCL 750.165, or quash the bindover. We affirm.

I. Basic Facts and Procedural History

In 1983, defendant's wife filed a complaint for divorce. On August 20, 1984, the trial court entered a default judgment of divorce providing for custody and support of the parties...

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