Order Michigan Supreme Court Lansing, Michigan

December 27, 2017 Stephen J. Markman, Chief Justice

Brian K. Zahra Bridget M. McCormack 155391 David F. Viviano Richard H. Bernstein Kurtis T. Wilder Elizabeth T. Clement, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee, v SC: 155391 COA: 334282 Macomb CC: 2004-003466-FC JOHN LEE WIECZOREK, Defendant-Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the February 2, 2017 order 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. For purposes of MCR 6.502(G)(1), the Court notes that, although the defendant’s motion has been styled as a motion for relief from judgment by the Macomb Circuit Court, it should not be regarded as a motion for relief from judgment in any future case. The defendant actually filed a motion for a new trial under MCL 770.1, which was properly denied by the trial court for lack of merit. The application for leave to appeal was properly denied by the Court of Appeals.

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. December 27, 2017 s1218 Clerk