Order Michigan Supreme Court Lansing, Michigan September 29, 2015 Robert P. Young, Jr., Chief Justice 148160 Stephen J. Markman Mary Beth Kelly Brian K. Zahra Bridget M. McCormack David F. Viviano PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein, Plaintiff-Appellee, Justices

v SC: 148160 COA: 305794 Genesee CC: 08-023564-FC JARVON CRAIG BROWN, Defendant-Appellant.

____________________________________/ By order of September 29, 2014, the application for leave to appeal the October 8, 2013 judgment of the Court of Appeals was held in abeyance pending the decision in People v Feronda Smith (Docket No. 148305). On order of the Court, the case having been decided on July 30, 2015, ___ Mich ___ (2015), the application is again considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.

KELLY, J., would grant leave to appeal for the reasons set forth in her concurrence/ dissent in People v Feronda Smith, ___ Mich ___ (2015).

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 29, 2015 p0921 Clerk