Application for leave to appeal.
SC: 128224, COA: 250509.
On order of the Court, the application for leave to appeal the January 20, 2005 judgment 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., would remand this case to the Court of Appeals for reconsideration in light of People v. Russell,
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