On order of the Court, the application for leave to appeal the February 10, 2005 judgment of the Court of Appeals and the application for leave to appeal as cross-appellant are considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we VACATE the Court of Appeals judgment and REMAND this case to that court for (1) consideration of whether, under the standard set forth in People v. Carines,
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