Order Michigan Supreme Court Lansing, Michigan September 3, 2013 Robert P. Young, Jr., Chief Justice Michael F. Cavanagh Stephen J. Markman 147082 & (57)(58) Mary Beth Kelly Brian K. Zahra Bridget M. McCormack David F. Viviano, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee, v SC: 147082 COA: 308166 Wayne CC: 11-006867-FC JERRY MARSHALL POYNTZ, Defendant-Appellant.

_________________________________________/ On order of the Court, the application for leave to appeal the March 21, 2013 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. The motion to remand and the motion to suppress identification are DENIED.

I, Larry S. Royster, 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.

September 3, 2013 s0826 Clerk