417 N.W.2d 537 (Mich.App. 1987), 92712, People v. Mischley

Docket Nº:Docket No. 92712.
Citation:417 N.W.2d 537, 164 Mich.App. 478
Opinion Judge:PER CURIAM.
Party Name:The PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Brian Thomas MISCHLEY, Defendant-Appellant.
Attorney:[164 Mich.App. 479] Frank J. Kelley, Atty. Gen., Louis J. Caruso, Sol. Gen., Joseph T. Barberi, Pros. Atty., and J. Ronald Kaplansky, Asst. Atty. Gen., for the People. State Appellate Defender by Richard B. Ginsberg, for defendant-appellant on appeal.
Judge Panel:Before CYNAR, P.J., and SAWYER and THORBURN, [*] JJ.
Case Date:November 16, 1987
Court:Court of Appeals of Michigan
 
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Page 537

417 N.W.2d 537 (Mich.App. 1987)

164 Mich.App. 478

The PEOPLE of the State of Michigan, Plaintiff-Appellee,

v.

Brian Thomas MISCHLEY, Defendant-Appellant.

Docket No. 92712.

Court of Appeals of Michigan.

November 16, 1987

Submitted May 5, 1987.

Released for Publication Jan. 21, 1988.

Leave to Appeal Denied March 29, 1988.

[164 Mich.App. 479] Frank J. Kelley, Atty. Gen., Louis J. Caruso, Sol. Gen., Joseph T. Barberi, Pros. Atty., and J. Ronald Kaplansky, Asst. Atty. Gen., for the People.

State Appellate Defender by Richard B. Ginsberg, for defendant-appellant on appeal.

Before CYNAR, P.J., and SAWYER and THORBURN, [*] JJ.

PER CURIAM.

Defendant was convicted by a jury of interfering with a police officer. M.C.L. 750.479; M.S.A. Sec. 28.747. On March 7,

Page 538

1986, a sentence of eighteen months probation, a $75 fine and costs of $450 were imposed and defendant appeals as of right.

A summary pertaining to the two issues raised is briefly stated. Following a college football game, a street party was being held on September 23, 1984, in Mount Pleasant. More than five hundred people were estimated to be present. When police arrived to disperse the crowd, some people threw objects at the police. Defendant was arrested and charged with the crime of resisting and obstructing an officer in the discharge of his duties.

At the preliminary examination on October 9, 1984, Officer LaLone identified defendant as the person he observed throwing a bottle. During cross-examination at the preliminary examination, it was brought out that Officer LaLone reviewed a photograph of the defendant immediately before [164 Mich.App. 480] coming into the courtroom. Further, LaLone was advised in advance that he would be asked to identify defendant from the gallery.

Pretrial conferences were held on October 19, 1984, June 6, 1985, and October 1, 1985. No pretrial motions were filed raising identification as an issue or seeking to suppress evidence.

The trial took place on January 21, 22, and 23, 1986. Six witnesses were called by the prosecutor before Officer LaLone testified. The testimony indicated that the police officers had specific orders to look for, identify and apprehend people who were throwing objects. According to a plan, an officer who saw a person throw an object would run in the direction of the person who threw the object and the other officers would follow. Officer LaLone was the seventh and last witness...

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