Order Michigan Supreme Court Lansing, Michigan April 27, 2010 Marilyn Kelly, Chief Justice 140157 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: 140157 COA: 285299 Clare CC: 07-003013-FH KEVIN LEE BENCHECK, Defendant-Appellant.

_________________________________________/ On order of the Court, the application for leave to appeal the October 22, 2009 judgment 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.

April 27, 2010 _________________________________________ p0419 Clerk