Order Michigan Supreme Court Lansing, Michigan February 7, 2011 Robert P. Young, Jr., Chief Justice 141876 Michael F. Cavanagh Marilyn Kelly Stephen J. Markman Diane M. Hathaway Mary Beth Kelly PEOPLE OF THE STATE OF MICHIGAN, Brian K. Zahra, Plaintiff-Appellee, Justices v SC: 141876 COA: 299060 Oakland CC: 2009-226960-FC DARRIN FREDERICK POYNTZ, Defendant-Appellant.

_________________________________________/ On order of the Court, the application for leave to appeal the August 23, 2010 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.

February 7, 2011 _________________________________________ s0131 Clerk