PEOPLE OF MI V DONALD SZILAGYI
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
September 18, 1998
Plaintiff-Appellee,
v
No. 192337
Oakland Circuit Court
LC No. 94-136174 FH
DONALD SZILAGYI,
Defendant-Appellant.
Before: Hood, P.J., and Griffin and O’Connell, JJ.
MEMORANDUM.
Following a bench trial, defendant was convicted of one count of second-degree criminal sexual
conduct, MCL 750.520c(1)(a); MSA 28.788(3)(1)(a), but acquitted of two additional charges of
second-degree criminal sexual conduct. Defendant was sentenced to two years’ probation, with the
first year to be served in the county jail. Defendant appeals as of right. We affirm. This case is being
decided without oral argument pursuant to MCR 7.214(E).
Defendant argues that the trial court’s findings with regard to the CSC II offense for which he
has been convicted were insufficient to satisfy MCR 2.517(A). We disagree. The court was not
required to make specific findings with regard to each element of the crime. People v Legg, 197 Mich
App 131, 134; 494 NW2d 797 (1992). Instead, a court’s findings are sufficient if they establish that
the court was aware of the relevant issues and correctly applied the law. People v Smith, 211 Mich
App 233, 235; 535 NW2d 248 (1995). Although brief, the court’s findings in this case establish that it
was aware of the relevant issues in this case and correctly applied the law. Accordingly, the findings
were sufficient under MCR 2.517(A). Smith, supra.
Defendant also argues that the prosecutor failed to present evidence sufficient to sustain the
court’s finding of guilt. Again, we disagree. The victim testified that, while she was at her
grandmother’s house, defendant, who resided with the victim’s grandmother, instructed the then seven
year-old victim to remove her clothing. She did as requested. He then removed his clothing and had
the victim hold his p
enis for a short while. Viewing this testimony in a light most favorable to the
prosecution, a rational trier of fact could have found that the elements of CSC II were proven beyond a
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reasonable doubt. MCL 750.520c(1)(a); MSA 28.788(3)(1)(a); People v Wolfe, 440 Mich 508; 489
NW2d 748 (1992), modified 441 Mich 1201 (1992); People v Lemons, 454 Mich 234, 253; 562
NW2d 447 (1997). Defendant attacks, however, the credibility of the victim in support of his claim.
Credibility is a matter for the trier of fact to ascertain. This Court does not resolve credibility issues
anew. People v Vaughn, 186 Mich App 376, 380; 465 NW3d 365 (1990).
Affirmed.
/s/ Harold Hood
/s/ Richard Allen Griffin
/s/ Peter D. O’Connell
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