On order of the Court, the application for leave to appeal the October 31, 2006 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.
MARILYN J. KELLY, J., dissents and states as follows:
I agree with Court of Appeals Judge Whitbeck that defendant's sentence should be set aside and the case remanded for resentencing. Defendant showed plain error. He should...
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