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People v. Berlin

Michigan Court of Appeals
507 N.W.2d 816 (1993)


Facts

After examining a patient, gynecologist Dr. Berlin (defendant) took her hand and put it on his crotch over his clothes. The patient quickly removed her hand. The prosecution (plaintiff) charged Dr. Berlin with fourth-degree criminal sexual conduct. At trial, the patient said Dr. Berlin did not grab or pull her hand and did not hurt her, but simply took her hand and placed it on his crotch. She also said that Dr. Berlin did not try to keep her from removing her hand and did not threaten her. The trial judge concluded that Dr. Berlin’s conduct did not amount to fourth-degree criminal sexual conduct under Michigan law. The prosecutor appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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