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PEOPLE v. BERGER

Docket No. 168973.

551 N.W.2d 421 (1996)

217 Mich. App. 213

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Arthur Daniel BERGER, Defendant-Appellant.

Court of Appeals of Michigan.

Decided June 14, 1996, at 9:10 a.m.

Released for Publication July 29, 1996.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Carl J. Marlinga, Prosecuting Attorney, Robert J. Berlin, Chief Appellate Attorney, and Benjamin F. Liston, Assistant Prosecuting Attorney, for people.

Mihelich & Burkart (by Joseph E. Mihelich), Eastpointe, for defendant on appeal.

Before McDONALD, P.J. and WAHLS and LIEBER, JJ.

PER CURIAM.

Defendant appeals by leave granted the circuit court affirmance of his district court conviction of operating a vehicle while under the influence of liquor, second offense, M.C.L. § 257.625(5); M.S.A. § 9.2325(5). We affirm.

The only issue to be determined on appeal is whether the trial court erred in permitting the arresting police officer to testify regarding his administration of the horizontal gaze nystagmus (HGN) test. The HGN test...

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