People v. LeClaire

The prosecution appeals as of right from an order quashing the information and dismissing charges against defendant of felonious assault, MCL 750.82; MSA 28.277, and felony-firearm, MCL 750.227b; MSA 28.424(2). We reverse and remand for reinstatement of the charges.

The complainant, Stephen Nevels, testified at the preliminary examination that the defendant, a Detroit police oificer, assaulted and pistol-whipped him after ordering him out of his van near the area of Mound and Seven Mile Roads in the City of Detroit. Defendant was oif duty, dressed in plain clothes and driving his personal car…