PEOPLE OF MI V SHAREEF MUHAAFE BROOKS

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED July 25, 1997 Plaintiff-Appellee, v SHAREEF MUHAAFE BROOKS, a/k/a SHAREEF MUHEEZ BROOKS, No. 191592 Macomb Circuit Court LC No. 93-002602 FC 94-001478 FC Defendant-Appellant. Before: Jansen, P.J., and Wahls and P.R. Joslyn*, JJ. MEMORANDUM. A circuit court jury convicted defendant of accessory after the fact to armed robbery, MCL 750.505; MSA 28.773, and assault with intent to rob while armed, MCL 750.89; MSA 28.284. Defendant received sentences of two to five years’ imprisonment and two to ten years’ imprisonment, respectively. Defendant appeals as of right. We affirm. This appeal is being decided without oral argument pursuant to MCR 7.214(E). The prosecutor engaged in misconduct by arguing to the jury facts not in evidence. People v Stanaway, 446 Mich 643, 686; 521 NW2d 557 (1994). The misconduct did not deprive defendant of a fair and impartial trial, however, in light of defense counsel’s timely objections, and the trial court’s remarks before, and instructions to, the jury, which dispelled any potential prejudice. People v Minor, 213 Mich App 682, 689; 541 NW2d 576 (1995). Affirmed. /s/ Kathleen Jansen /s/ Myron H. Wahls /s/ Patrick R. Joslyn * Circuit judge, sitting on the Court of Appeals by assignment. -1

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