On order of the Court, the application for leave to appeal from the September 20, 2002 decision 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.
KELLY, J., concurs and states as follows:
While denying the application for leave to appeal, I would point out that, in the only issue articulated on appeal, the prosecutor assumed that defendant's arrest was unlawful...
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