Docket No. 120256, COA No. 228262.

666 N.W.2d 266 (2003)

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Ntuku ALIAKBAR, Defendant-Appellant.

Supreme Court of Michigan.

July 31, 2003.

On order of the Court, leave to appeal having been granted, 467 Mich. 871, 651 N.W.2d 921 (2002), and the case having been submitted following oral argument in January 2003, we VACATE the judgment of the Court of Appeals and REMAND this case to the Court of Appeals for reconsideration in light of People v. Babcock, ___ Mich.___, 666 N.W.2d 231 (2003).

We do not retain jurisdiction.

WEAVER, J., dissenting.

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