PEOPLE v. RYTLEWSKI, 455 Mich. 868 (1997)

568 N.W.2d 81

No. 107114.Supreme Court of Michigan.
July 24, 1997

Leave to Appeal Denied July 24, 1997:

Court of Appeals No. 162221.

BOYLE, J.

I would grant leave to appeal to determine whether the prosecutor is entitled to an instruction on an included offense in circumstances where the evidence is insufficient to entitle the defendant to seek an instruction if requested.

KELLY, J.

I concur in the statement by Justice BOYLE.