COA: 218640, Saginaw CC: 98-015546-FC
By order of September 25, 2001, the delayed application for leave to appeal was held in abeyance pending the decisions in People v Cornell (Docket No. 115833), People v Silver (Docket No. 117024) and People vReese (117891). On order of the Court, the decision in People v Cornell having been issued on June 18, 2002, 466 Mich. 335 (2002), the decision in People v Silver having been issued on June 25, 2002, 466 Mich. 386 (2002), and the decision in People v Reese having been issued on July 9, 2002, 466 Mich. 440 (2002), the application is again considered, and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals and REMAND this case to the Court of Appeals for reconsideration in light of Cornell, Silver andReese.
Kelly, J., would deny leave to appeal.