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People v. Genoa

Michigan Court of Appeals

470 N.W.2d 447 (1991)

Relevant factsFree

An undercover agent told Genoa (defendant) that if Genoa loaned him $10,000 to buy a kilogram of cocaine, the agent would sell it and share the profits; Genoa agreed and gave the agent $10,000, which the agent turned over to police, meaning no actual cocaine transaction ever occurred. Genoa was charged on an accomplice-liability theory with attempted possession with intent to deliver, and the district court dismissed the charge because the underlying crime was never committed.

IssueFree

Whether a defendant who intended to aid and encouraged a crime can be convicted as an accomplice to that crime when the underlying substantive offense was never actually committed by anyone.

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