People v. Assy

In this dispute over the constitutionality of the Tobacco Products Tax Act (the Tobacco Act), MCL 205.421 et seq., the prosecution appeals by right the circuit court’s decision to dismiss the charges against defendant, Fady Yohanna Assy. On appeal, we conclude that the circuit court erred when it determined that the Tobacco Act was unconstitutionally vague and overbroad and dismissed the charges against Assy on that basis. Accordingly, we reverse and remand.

I. BASIC FACTS

Todd Berdan testified that he was a detective with the Michigan State Police department’s tobacco squad. In May 2013, he…