Order
On order of the Court, the application for leave to appeal the September 21, 2012 order of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.
MARKMAN, J. (concurring).
I concur in the Court's order denying defendant's application for leave to appeal. I write separately, however, to reiterate the concerns I expressed in People v. Touchstone,
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