By order of October 8, 2002, the application for leave to appeal the April 22, 2002 order of the Court of Appeals was held in abeyance pending the decisions in People v. Aliakbar (Docket No. 120256), 653 N.W.2d 403 (2002) and People v. Babcock (Docket No. 121310), 653 N.W.2d 403 (2002). On order of the Court, the decisions having been issued on July 31, 2003, 469 Mich. 864 (2003), and 469 Mich. 247,
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