Order Michigan Supreme Court Lansing, Michigan May 28, 2013 Robert P. Young, Jr., Chief Justice 146767 Michael F. Cavanagh Stephen J. Markman Mary Beth Kelly Brian K. Zahra Bridget M. McCormack PEOPLE OF THE STATE OF MICHIGAN, David F. Viviano, Plaintiff-Appellee, Justices v SC: 146767 COA: 308378 Kent CC: 11-003875-FC ROBERT LEE GAINES, Defendant-Appellant.

_________________________________________/ On order of the Court, the application for leave to appeal the January 22, 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.

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.

May 28, 2013 t0520 Clerk