PEOPLE OF MI V HECTOR BERDECIA

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED September 8, 2009 Plaintiff-Appellee, v No. 286070 Wayne Circuit Court LC No. 08-002601-FH HECTOR BERDECIA, Defendant-Appellant. Before: M. J. Kelly, P.J., and K. F. Kelly and Shapiro, JJ. SHAPIRO, J. (concurring). I would find that the trial court's decision to admit evidence of drug possession by defendant's passenger was error under MRE 403. However, I concur in the affirmance since after an examination of the entire record I conclude that the error was harmless. People v Williams, 483 Mich 226, 243; ___ NW2d ___ (2009). /s/ Douglas B. Shapiro -1-

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