People v. Myers

By way of interlocutory appeal, defendant was granted leave to appeal from an order denying his motion to dismiss the charge against him of one count of gross indecency with another male, MCL 750.338; MSA 28.570.

The facts giving rise to this case are essentially undisputed. On October 25, 1985, at approximately 2:45 p.m., a state police trooper, acting in an undercover capacity, was at the entryway of a toilet stall in a public restroom at a highway rest area. Defendant entered the restroom and struck up a conversation with the trooper. After they exchanged small talk, the trooper advised…