PEOPLE OF MI V DAVID HANG
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
June 30, 2000
Plaintiff-Appellee,
v
No. 213423
Wayne Circuit Court
LC No. 98-001920
DAVID HANG,
Defendant-Appellant.
Before: Owens, P.J., and Neff and Fitzgerald, JJ.
MEMORANDUM.
Following a jury trial, defendant was convicted of five counts of assault with intent to murder,
MCL 750.83; MSA 28.278, and one count of possession of a firearm during the commission of a
felony, MCL 750.227b MSA 28.424(2). He was sentenced to concurrent prison terms of fifteen to
thirty years for each assault conviction and to a consecutive two-year term for the felony-firearm
conviction. Defendant appeals as of right. We affirm.
Defendant’s sole issue on appeal is that the prosecutor improperly vouched for the credibility of
the prosecution witnesses and injected her personal opinion into the case. Because he did not object at
trial to the alleged improper comments, appellate review is precluded unless a curative instruction could
not have eliminated possible prejudice or failure to consider the issue would result in a miscarriage of
justice. People v Stanaway, 446 Mich 643, 687; 521 NW2d 557 (1994); People v Kelly, 213 Mich
App 627, 638; 588 NW2d 480 (1998).
Our review of the record reveals that any prejudice to defendant resulting from the prosecutor’s
comments during closing arguments could have been cured by a timely objection and curative
instruction.1 Therefore, a miscarriage of justice will not result from our failure to review this unpreserved
issue.
1
We caution the prosecutor, however, to avoid vouching for the credibility of witnesses. See, e.g.,
People v Ramsdell, 230 Mich App 386, 404; 585 NW2d 1 (1998).
-1
Affirmed.
/s/ Donald S. Owens
/s/ Janet T. Neff
/s/ E. Thomas Fitzgerald
-2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.