Order Michigan Supreme Court Lansing, Michigan

June 28, 2011 Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh Marilyn Kelly 142884 Stephen J. Markman Diane M. Hathaway Mary Beth Kelly PEOPLE OF THE STATE OF MICHIGAN, Brian K. Zahra, Plaintiff-Appellee, Justices

v SC: 142884 COA: 302044 Muskegon CC: 09-058275-FH CALVIN MCKINLEY PAYNE, Defendant-Appellant.

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On order of the Court, the application for leave to appeal the March 10, 2011 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.

CAVANAGH, J., would grant leave to appeal for the reasons set forth in his dissenting statement in People v Smith, 488 Mich 193, 202 (2010).

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. June 28, 2011 _________________________________________ d0620 Clerk