People v. Genoa

470 N.W.2d 447 (1991)

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Nature of the Case

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Facts

An undercover agent met with D and proposed that if D gave him $10,000 toward the purchase of a kilogram of cocaine, which the police agent claimed he would then sell, the agent would repay D the $10,000, plus $3,500 in profits and a client list. D accepted the proposal and later returned with the $10,000. The agent turned the money over to the State Police. D was arrested. D was charged with attempted possession with the intent to deliver 650 grams of cocaine. The judge dismissed the charge at preliminary examination on the ground that because the police agent never intended to commit the contemplated crime and, indeed, never did commit it, D, though he believed he was giving money for an illegal enterprise, financed nothing. P appealed to the circuit court, where the district court's decision was affirmed.