On order of the Court, the application for leave to appeal from the August 20, 2002 decision of the Court of Appeals and the application for leave to appeal as cross-appellant are considered, and they are DENIED because we are not persuaded that the question presented should be reviewed by this Court. Further, we observe that the prosecutor failed to file a brief in the Court of Appeals, and now complains of the result reached by that court.
MARKMAN, J., dissents...
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