PEOPLE OF MI V RASHAWN SMITH

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED October 3, 1997 Plaintiff-Appellee, v No. 194536 Recorder’s Court LC No. 95-003361 RASHAWN SMITH, a/k/a DAJUAN A. ROBINSON, Defendant-Appellant. Before: O’Connell, P.J., and White and C. F. Youngblood*, JJ. MEMORANDUM. Defendant was convicted at a bench trial of armed robbery, MCL 750.529; MSA 28.797, and sentenced to four to twenty years’ imprisonment. Defendant appeals by leave granted. We affirm. Defendant has forfeited appellate review of his claimed evidentiary error. People v Grant, 445 Mich 535, 548-549, 552-553; 520 NW2d 123 (1994). Defendant has failed to establish that the admission of the now challenged testimony constituted plain error. Id. The testimony was properly admitted rebuttal testimony in that it helped establish that defendant made an admission to a defense witness. People v Losey, 413 Mich 346, 351 n 3; 320 NW2d 49 (1982). However, assuming arguendo that the now challenged testimony was erroneously admitted, the error would not be decisive of defendant’s trial. Grant, supra. The instant case was a bench trial and, therefore, the judge, sitting as a factfinder, is presumed to possess an understanding of the law that allows the judge to ignore certain errors and to decide the case based solely on the evidence properly admitted at trial. People v Jones, 168 Mich App 191, 194; 423 NW2d 614 (1988). The validity of this presumption is borne out by the instant record. A review of the judge’s findings reveals that he did not rely on the challenged testimony in arriving at his determination of defendant’s guilt. * Circuit judge, sitting on the Court of Appeals by assignment. -1­ Affirmed. /s/ Peter D. O’Connell /s/ Helene N. White /s/ Carole F. Youngblood -2­

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