People v. Elston

We granted the prosecution’s application for leave to appeal to decide whether the trial court had a duty to grant a continuance on its own motion in response to newly discovered evidence. We conclude that it did not, and that defendant is not otherwise entitled to a new trial on the basis of the alleged discovery violations. Accordingly, we vacate the judgment of the Court of Appeals, which reversed *754defendant’s jury trial conviction of first-degree criminal sexual conduct, MCL 750.520b; MSA 28.788(2), and remand for consideration of defendant’s remaining appellate issues.

I. FACTUAL BACKGROUND