554 N.W.2d 899
Nos. 104336, 104337, 104521, 104522.Supreme Court of Michigan.
October 3, 1996.
Summary Disposition October 3, 1996:
In lieu of granting leave to appeal, the Court of Appeals opinion is vacated to the extent that it states, “Because the nine year old was the declarant testifying at the trial or hearing, her statement was not hearsay.” MCR 7.302(F)(1). Assuming, arguendo, that the statement was assertive conduct, it was hearsay. However, in light of the evidence of record and the stipulation, the error was harmless. People v Mateo, 453 Mich. 203 (1996). In all other respects leave to appeal is denied. Leave to cross appeal is also denied. Reported below:212 Mich. App. 701.
LEVIN, J.
I concur in the denial of leave to appeal.
CAVANAGH, J.
I would grant leave to appeal.