Order Michigan Supreme Court Lansing, Michigan

October 29, 2019 Bridget M. McCormack, Chief Justice

158046 David F. Viviano, Chief Justice Pro Tem

Stephen J. Markman Brian K. Zahra PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein Plaintiff-Appellant, Elizabeth T. Clement Megan K. Cavanagh, Justices v SC: 158046 COA: 333811 Jackson CC: 15-004866-FC JAMES PAUL GAILEY, Defendant-Appellee. _________________________________________/

By order of September 12, 2018, the application for leave to appeal the May 22, 2018 judgment of the Court of Appeals was held in abeyance pending the decision in People v Dixon-Bey (Docket No. 156746). On order of the Court, leave to appeal having been denied in Dixon-Bey on July 29, 2019, 504 Mich ___ (2019), the application is again considered, and it is DENIED, because we are not persuaded that the question 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. October 29, 2019 a1021 Clerk