People v. McFadden

Following a jury trial defendant was convicted of first-degree murder, MCL 750.316; MSA 28.548, and possession of a firearm during the commission of a felony, MCL 750.227b; MSA 28.424(2). Defendant was sentenced to life imprisonment and appeals as of right contending that he was denied effective assistance of counsel by trial counsel’s failure to seek suppression of evidence of a photographic identification of defendant made without defendant’s counsel present and by trial counsel’s failure to impeach a witness with his preliminary examination testimony. We find both allegations of error to…