The opinion
Cavanagh, J. (concurring).
I concur in the denial of leave to appeal but write separately to note that defendant has raised a claim of actual innocence in this Court that was not raised below. Defendant states he has new evidence in support of this claim, but he has not offered it. I note the denial is without prejudice to defendant's right to file a motion for relief *369 from judgment pursuant to MCR Subchapter 6.500 that may include the issue.