Order Michigan Supreme Court Lansing, Michigan February 7, 2011 Robert P. Young, Jr., Chief Justice 141990 Michael F. Cavanagh Marilyn Kelly Stephen J. Markman Diane M. Hathaway PEOPLE OF THE STATE OF MICHIGAN, Mary Beth Kelly Plaintiff-Appellee, Brian K. Zahra, Justices v SC: 141990 COA: 290649 Allegan CC: 06-014866-FH FREDERICK MICHAEL ZACHARY, Defendant-Appellant.

_________________________________________/ On order of the Court, the application for leave to appeal the August 31, 2010 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.

ZAHRA, J., did not participate because he was on the Court of Appeals panel.

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 _________________________________________ y0131 Clerk