Order Michigan Supreme Court Lansing, Michigan November 2, 2005 Clifford W. Taylor, Chief Justice 128224 Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan PEOPLE OF THE STATE OF MICHIGAN, Robert P. Young, Jr. Plaintiff-Appellee, Stephen J. Markman, Justices v SC: 128224 COA: 250509 Baraga CC: 03-000818-FH LANGSTON LONNELL ROGERS, Defendant-Appellant.

_________________________________________/ On order of the Court, the application for leave to appeal the January 20, 2005 judgment of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the question presented should be reviewed by this Court.

KELLY, J., would remand this case to the Court of Appeals for reconsideration in light of People v Russell, 471 Mich 182 (2004).

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

November 2, 2005 _________________________________________ s1026 Clerk