Order Michigan Supreme Court Lansing, Michigan May 25, 2010 Marilyn Kelly, Chief Justice 140060 Michael F. Cavanagh Elizabeth A. Weaver Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman PEOPLE OF THE STATE OF MICHIGAN, Diane M. Hathaway, Plaintiff-Appellee, Justices

v SC: 140060 COA: 293317 Alger CC: 05-001684-FC CRAIG MICHAEL SMITH, Defendant-Appellant.

_________________________________________/ On order of the Court, the application for leave to appeal the October 9, 2009 order 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.

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.

May 25, 2010 _________________________________________ p0517 Clerk