Order Michigan Supreme Court Lansing, Michigan January 24, 2007 Clifford W. Taylor, Chief Justice 132265 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: 132265 COA: 266652 Wayne CC: 05-004855-01 XAVIER REMBERT SMITH, Defendant-Appellant.

_________________________________________/ On order of the Court, the application for leave to appeal the July 5, 2006 order of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.

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.

January 24, 2007 _________________________________________ s0117 Clerk