People v. Kurylczyk

• Decision Date: 14 May 1992
• Docket Number: No. 91867,No. 117099,91867,117099
• Citation: 439 Mich. 1002,484 N.W.2d 669
• Parties: PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Albin J. KURYLCZYK, Defendant-Appellant. COA
• Court: Michigan Supreme Court

Page 669

484 N.W.2d 669

439 Mich. 1002

PEOPLE of the State of Michigan, Plaintiff-Appellee, v.Albin J. KURYLCZYK, Defendant-Appellant.

No. 91867.

COA No. 117099.

Supreme Court of Michigan.

May 14, 1992.

ORDER

On order of the Court, the delayed application for leave to appeal is considered, and it is GRANTED, limited to the issue of whether pretrial identification procedures deprived the defendant of a fair trial.

The defendant is directed to file with the St. Clair Circuit Court an affidavit concerning his present financial status (see guidelines at 387 Mich. xxxi).The St. Clair Circuit Court must provide the prosecutor with a copy of the defendant's affidavit.The prosecutor may challenge the defendant's assertion of indigency by filing an appropriate motion with the St. Clair Circuit Court within 14 days after the prosecutor receives the copy of the affidavit.If such challenge is brought, the St. Clair Circuit Court must conduct a hearing on the matter within 21 days after the prosecutor's motion is filed.The prosecutor, the defendant, and an attorney appointed by the St. Clair Circuit Court to represent the defendant must appear at the hearing.

If the St....