Order Michigan Supreme Court Lansing, Michigan June 25, 2012 Robert P. Young, Jr., Chief Justice 144720 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: 144720 COA: 301194 Oakland CC: 2009-229799-FC CHRISTOPHER DEREK FUNDARO, Defendant-Appellant.

____________________________________/ On order of the Court, the application for leave to appeal the January 26, 2012 judgment 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.

June 25, 2012 _________________________________________ h0618 Clerk