People v. Genoa

The prosecution appeals by leave granted a lower court order dismissing a charge against defendant of attempted possession with intent to deliver 650 grams or more of cocaine, MCL 333.7401(2)(a)(i); MSA 14.15(7401)(2)(a)(i). We affirm.

The charge against defendant stemmed from a June 6, 1988, transaction in which an undercover agent of the Michigan State Police met with defendant at a hotel and proposed that if defendant gave him $10,000 toward the purchase of a kilogram of cocaine, which the police agent claimed he would then sell, the agent would repay defendant the $10,000, plus $3,500 in…