Opinion
No. 124509.
March 11, 2004.
Summary Disposition.
No. 124509. In lieu of granting leave to appeal, Part A of the Court of Appeals analysis regarding defendant's motion to quash is vacated. MCR 7.302(G)(1). If a defendant is fairly convicted at trial, no appeal lies regarding whether the evidence at the preliminary examination was sufficient to warrant a bindover. People v. Hall, 435 Mich 599, 601-603 (1990); People v. Yost, 468 Mich 122, 124 n 2 (2003). Because defendant was fairly convicted of the crimes at trial, he could not appeal the sufficiency of the evidence at the preliminary examination and the Court of Appeals erred in reviewing his claim. In all other respects, the application for leave to appeal is denied. Reported below: 257 Mich App 337.
KELLY, J. I would deny leave to appeal.