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PEOPLE v. COOK

Docket No. 251167.

702 N.W.2d 613 (2005)

266 Mich. App. 290

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Elijah COOK, Defendant-Appellee.

Court of Appeals of Michigan.

Decided May 5, 2005, at 9:10 a.m.

Released for Publication July 26, 2005.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Kym L. Worthy, Prosecuting Attorney, Timothy A. Baughman, Chief of Research, Training, and Appeals, and Carolyn M. Breen, Assistant Prosecuting Attorney, for the people.

Richard L. Cunningham, Detroit, for the defendant on appeal.

Before: SAAD, P.J., and FITZGERALD and SMOLENSKI, JJ.

SAAD, P.J.

The prosecution appeals the trial court's order that granted defendant an evidentiary hearing pursuant to People v. Pearson, 404 Mich. 698, 715, 273 N.W.2d 856 (1979). Our Supreme Court remanded this case to us to consider the question whether Pearson remains good law in light of the 1986 amendment of M.C.L. § 767.40a.1 We hold that

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