alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Respondent, v Marty Samad, Appellant.

[835 NYS2d 99]

Judgment, Supreme Court, New York County (Rena K. Uviller, J, at requests for new counsel; Michael J. Obús, J, at further request for new counsel, jury trial and sentence), rendered September 12, 2005, convicting defendant of burglary in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 16 years to life, unanimously affirmed.

The calendar and trial courts properly exercised their respective discretion in denying defendant’s requests for assignment of new counsel. In each instance, defendant received a full opportunity to be heard, and his complaints simply expressed general disagreement with counsel over trial strategy and the applicable law, which was not good cause for a substitution of counsel, and which did not require a more extended inquiry *(see e.g. People v Walton,*14 AD3d 419, 420 [2005], *lv denied*5 NY3d 796 [2005]). Further, there is nothing in the record indicating that defense counsel had a genuine conflict of interest with defendant or that he was in any way deficient in representing him *(see People v Linares,*2 NY3d 507, 511 [2004]). Counsel correctly advised his client not to make potentially damaging statements about the facts of the case, and defendant’s present arguments concerning that advice are without merit.

Defendant did not preserve his argument that his sentence, which was the statutory minimum, constituted unconstitutional cruel and unusual punishment and we decline to review it in the interest of justice. Were we to review this claim, we would find that, in view of defendant’s dishonesty and violent criminal record and the gravity of his crime, his sentence was not grossly disproportionate to the offense *(see People v Black,*15 AD3d 164, 165 [2005], *lv denied*4 NY3d 851 [2005]).

Defendant’s constitutional challenge to the procedure by which he was sentenced as a persistent violent felony offender is unpreserved and without merit *(see People v Rosen,*96 NY2d 329 [2001], *cert denied*534 US 899 [2001]; *Almendarez-Torres v*
      *423
      *United States,*523 US 224 [1998]). Concur—Tom, J.P., Andrias, Buckley, Gonzalez and Malone, JJ.
### §§371 to 371c. Transferred

#### **Editorial Notes**

#### Codification

Section 371, acts May 14, 1898, ch. 299, §1, 30 Stat. 409; Mar. 3, 1903, ch. 1002, 32 Stat. 1028; Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1144; Apr. 29, 1950, ch. 137, §1, 64 Stat. 94; Aug. 2, 1955, ch. 496, §1, 69 Stat. 444, which extended the homestead laws to Alaska, was transferred to section 270 of Title 43, Public Lands, and was subsequently repealed by Pub. L. 94–579, §703(a), Oct. 21, 1976, 90 Stat. 2789.

Section 371a, act Apr. 29, 1950, ch. 137, §2, 64 Stat. 95, which required the filing of notice of location by all persons maintaining a settlement claim on public land on April 29, 1950 if notice of location had not previously been filed, was transferred to section 270–5 of Title 43, and was subsequently repealed by Pub. L. 94–579, §703(a), Oct. 21, 1976, 90 Stat. 2789.

Section 371b, act Apr. 29, 1950, ch. 137, §3, 64 Stat. 95, which specified the effect of failing to file the notice of settlement required by section 371a of this title, was transferred to section 270–6 of Title 43, and was subsequently repealed by Pub. L. 94–579, §703(a), Oct. 21, 1976, 90 Stat. 2789.

Section 371c, acts Apr. 29, 1950, ch. 137, §4, 64 Stat. 95; July 11, 1956, ch. 571, §2, 70 Stat. 529, which provided for final or homestead proof on unsurveyed land as a basis for free survey and set a time limit therefor, was transferred to section 270–7 of Title 43, and was subsequently repealed by Pub. L. 94–579, §703(a), Oct. 21, 1976, 90 Stat. 2789.
#### GALLISON et al., Respondents, v. WRIGHT & COBB LIGHTERAGE CO., Appellants.

(Supreme Court, Appellate Term.

March 3, 1905.)

Appeal from Municipal Court, Borough of Manhattan, First District. Action by Forrest W. Gallison and another, individually and as surviving partners of F. W. Jarvis & Co., against the Wright & Cobb Lighterage _ Company. From a judgment in favor of plaintiffs, after a trial before the court without a jury, the defendant appeals. Reversed. Albert A. Wray (Walter W. Hay of counsel), for appellants. Alfred T. Davison, for respondents.

SCOTT, J.

There is absolutely no competent evidence in the case showing that there was any shortage. The judgment should be reversed, and a new trial granted, with costs to appellants to abide the event.
### §44104. Registration of aircraft components and dealers' certificates of registration

The Administrator of the Federal Aviation Administration may prescribe regulations—

(1) in the interest of safety for registering and identifying an aircraft engine, propeller, or appliance; and

(2) in the public interest for issuing, suspending, and revoking a dealer's certificate of registration under this chapter and for its use by a person manufacturing, distributing, or selling aircraft.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1162.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 44104(1) | 49 App.:1402. | Aug. 23, 1958, Pub. L. 85–726, §§502, 505 (1st sentence), 72 Stat. 772, 774. |
| | 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. |
| 44104(2) | 49 App.:1405 (1st sentence). | |
| | 49 App.:1655(c)(1). | |

Section

In this section, before clause (1), the words "prescribe regulations" are substituted for "establish reasonable rules and regulations" in 49 App.:1402 and "by such reasonable regulations" in 49 App.:1405 (1st sentence) because of 49:322(a). In clause (1), the words "and no aircraft engine, propeller, or appliance shall be used in violation of any such rule or regulation" are omitted as surplus because of section 46301 of the revised title. In clause (2), the words "in connection with" are omitted as surplus.
```

[115th Congress Public Law 2]
[From the U.S. Government Publishing Office]

[[Page 131 STAT. 6]]

Public Law 115-2
115th Congress

                                 An Act

 
   To provide for an exception to a limitation against appointment of 
persons as Secretary of Defense within seven years of relief from active 
duty as a regular commissioned officer of the Armed Forces. <<NOTE: Jan. 
                         20, 2017 -  [S. 84]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. <<NOTE: 10 USC 113 note.>>  EXCEPTION TO LIMITATION 
                              AGAINST APPOINTMENT OF PERSONS AS 
                              SECRETARY OF DEFENSE WITHIN SEVEN 
                              YEARS OF RELIEF FROM ACTIVE DUTY AS 
                              REGULAR COMMISSIONED OFFICERS OF THE 
                              ARMED FORCES.

    (a) In General.--Notwithstanding the second sentence of section 
113(a) of title 10, United States Code, the first person appointed, by 
and with the advice and consent of the Senate, as Secretary of Defense 
after the date of the enactment of this Act may be a person who is, on 
the date of appointment, within seven years after relief, but not within 
three years after relief, from active duty as a commissioned officer of 
a regular component of the Armed Forces.
    (b) <<NOTE: Applicability.>>  Limited Exception.--This section 
applies only to the first person appointed as Secretary of Defense as 
described in subsection (a) after the date of the enactment of this Act, 
and to no other person.

    Approved January 20, 2017.

LEGISLATIVE HISTORY--S. 84:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 163 (2017):
            Jan. 12, considered and passed Senate.
            Jan. 13, considered and passed House.

                                  <all>
```
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED FINANCIAL STATEMENTS OF WEIDER NUTRITION INTERNATIONAL, INC. AS OF,
AND FOR THE SIX MONTHS ENDING NOVEMBER 30 1999, AND IS QUALIFIED IN ITS ENTIRETY
BY REFERENCE TO SUCH CONSOLIDATED FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          MAY-31-2000
<PERIOD-END>                               NOV-30-1999
<CASH>                                           2,805
<SECURITIES>                                     2,308
<RECEIVABLES>                                   54,212
<ALLOWANCES>                                     2,653
<INVENTORY>                                     55,876
<CURRENT-ASSETS>                               119,112
<PP&E>                                          69,882
<DEPRECIATION>                                  20,585
<TOTAL-ASSETS>                                 235,777
<CURRENT-LIABILITIES>                          139,336
<BONDS>                                          4,077
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           250
<OTHER-SE>                                      91,290
<TOTAL-LIABILITY-AND-EQUITY>                   235,777
<SALES>                                        177,343
<TOTAL-REVENUES>                               177,343
<CGS>                                          110,947
<TOTAL-COSTS>                                  110,947
<OTHER-EXPENSES>                                59,042
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               5,638
<INCOME-PRETAX>                                  1,932
<INCOME-TAX>                                       643
<INCOME-CONTINUING>                              1,289
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,289
<EPS-BASIC>                                        .05
<EPS-DILUTED>                                      .05


</TABLE>
### §845. Income tax laws; modification or repeal by legislature

The Puerto Rican Legislature shall have power by due enactment to amend, alter, modify, or repeal the income tax laws in force in Puerto Rico.

(Feb. 26, 1926, ch. 27, §§261, 1200, 44 Stat. 52, 125; May 17, 1932, ch. 190, 47 Stat. 158.)

#### **Editorial Notes**

#### Codification

Similar provisions of act Feb. 26, 1926, which related to the Philippine Islands, were formerly classified to section 1055 of this title.

Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.

#### Prior Provisions

Provisions similar to those in this section were contained in act June 2, 1924, ch. 234, §261, 43 Stat. 294, prior to repeal by section 1200 of act Feb. 26, 1926, to take effect Jan. 1, 1925.

#### **Statutory Notes and Related Subsidiaries**

#### Change of Name

"Puerto Rico" substituted in text for "Porto Rico" pursuant to act May 17, 1932, which is classified to section 731a of this title.
###### Editorial Note on Part 250

#### Editorial Note:

Nomenclature changes to part 250 appear at 77 FR 50891, Aug. 22, 2012.

#### § 250.465 When must I submit an Application for Permit to Modify (APM) or an End of Operations Report to BSEE?

(a) You must submit an APM (form BSEE-0124) or an End of Operations Report (form BSEE-0125) and other materials to the Regional Supervisor as shown in the following table. You must also submit a public information copy of each form.

| When you . . . | Then you must . . . | And . . . |
| --- | --- | --- |
| (1) Intend to revise your drilling plan, change major drilling equipment, or plugback, | Submit form BSEE-0124 or request oral approval, | Receive written or oral approval from the District Manager before you begin the intended operation. If you get an approval, you must submit form BSEE-0124 no later than the end of the 3rd business day following the oral approval. In all cases, or you must meet the additional requirements in paragraph (b) of this section. |
| (2) Determine a well's final surface location, water depth, and the rotary kelly bushing elevation, | Immediately Submit a form BSEE-0124, | Submit a plat certified by a registered land surveyor that meets the requirements of § 250.412. |
| (3) Move a drilling unit from a wellbore before completing a well, | Submit forms BSEE-0124 and BSEE-0125 within 30 days after the suspension of wellbore operations, | Submit appropriate copies of the well records. |

(b) If you intend to perform any of the actions specified in paragraph (a)(1) of this section, you must meet the following additional requirements:

(1) Your APM (Form BSEE-0124) must contain a detailed statement of the proposed work that would materially change from the approved APD. The submission of your APM must be accompanied by payment of the service fee listed in § 250.125;

(2) Your form BSEE-0124 must include the present status of the well, depth of all casing strings set to date, well depth, present production zones and productive capability, and all other information specified; and

(3) Within 30 days after completing this work, you must submit an End of Operations Report (EOR), Form BSEE-0125, as required under § 250.744.

[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 26021, Apr. 29, 2016]
Editorial Note on Part 982
Editorial Note: Nomenclature changes to part 982 appear at 64 FR 26640, May 14, 1999, and at 89 FR 38293, May 7, 2024.

§ 982.613 Group home: Rent and voucher housing assistance payment. ( a ) *Meaning of pro-rata portion.* For a group home, the term “pro-rata portion” means the ratio derived by dividing the number of persons in the assisted household by the total number of residents (assisted and unassisted) residing in the group home. The number of persons in the assisted household equals one assisted person plus any PHA-approved live-in aide.
( b ) *Rent to owner: Reasonable rent limit.* ( 1 ) The rent to owner for an assisted person may not exceed the pro-rata portion of the reasonable rent for the group home.
( 2 ) The reasonable rent for a group home is determined in accordance with § 982.507. In determining reasonable rent for the group home, the PHA must consider whether sanitary facilities, and facilities for food preparation and service, are common facilities or private facilities.
( c ) *Payment standard* — ( 1 ) *Family unit size.* ( i ) Unless there is a live-in aide, the family unit size is zero or one bedroom.
( ii ) If there is a live-in aide, the live-in aide must be counted in determining the family unit size.
( 2 ) The payment standard for a person who resides in a group home is the lower of: ( i ) The payment standard amount on the PHA payment standard schedule for the family unit size; or
( ii ) The pro-rata portion of the payment standard amount on the PHA payment standard schedule for the group home size.
( iii ) If there is a live-in aide, the live-in aide must be counted in determining the family unit size.
( d ) *Utility allowance.* The utility allowance for each assisted person residing in a group home is the pro-rata portion of the utility allowance for the group home unit size.
[63 FR 23865, Apr. 30, 1998, as amended at 64 FR 26651, May 14, 1999]
§ 203.76 When might BSEE withdraw or reduce the approved size of my relief? We will withdraw approval of relief for any of the following reasons. ( a ) You change the type of development system proposed in your application (e.g., change from a fixed platform to floating production system, or from an independent development and production system to one with subsea wells tied back to a host production facility, *etc.*).
( b ) You do not start building the proposed development and production system within 18 months of the date we approved your application, unless the BSEE Director grants you an extension under § 203.79(c). If you start building the proposed system and then suspend its construction before completion, and you do not restart continuous building of the proposed system within 18 months of our approval, we will withdraw the relief we granted.
( c ) Your actual development costs are less than 80 percent of the eligible development costs estimated in your application's most likely scenario, and you do not report that fact in your post-production development report (§ 203.70). Development costs are those expenditures defined in § 203.89(b) incurred between the application submission date and start of production. If you report this fact in the post-production development report, you may retain the lesser of 50 percent of the original royalty suspension volume or 50 percent of the median of the distribution of the potentially recoverable resources anticipated in your application.
( d ) We granted you a royalty-suspension volume after you qualified for a redetermination under § 203.74(c), and we find out your actual development costs are less than 90 percent of the eligible development costs associated with your application's most likely scenario. Development costs are those expenditures defined in § 203.89(b) incurred between your application submission date and start of production.
( e ) You do not send us the fabrication confirmation report or the post-production development report, or you provide false or intentionally inaccurate information that was material to our granting royalty relief under this section. You must pay royalties and late-payment interest determined under 30 U.S.C. 1721 and 30 CFR 1218.54 on all volumes for which you used the royalty suspension. You also may be subject to penalties under other provisions of law.
§ 556.1200 Effect of regulations on lease. ( a ) All regulations in this part, insofar as they are applicable, will supersede the provisions of any lease that is maintained under section 6(a) of the Act. However, the provisions of a lease relating to area, minerals, rentals, royalties (subject to sections 6(a)(8) and (9) of the Act), and term (subject to section 6(a)(10) of the Act and, as to sulfur, subject to section 6(b)(2) of the Act) will continue in effect, and, in the event of any conflict or inconsistency, will take precedence over these regulations.
( b ) A lease maintained under section 6(a) of the Act is also subject to all operating and conservation regulations applicable to the OCS. In addition, the regulations relating to geophysical and geological exploratory operations and to pipeline ROW(s) are applicable, to the extent that those regulations are not contrary to or inconsistent with the lease provisions relating to area, minerals, rentals, royalties and term. The lessee must comply with any provision of the lease as validated, the subject matter of which is not covered in the regulations in this part.
#### The People of the State of New York, Respondent, v. Gordon Fink, Appellant.

— Motion for leave to prosecute appeal as a poor person. Motion granted and the appeal may be perfected upon one typewritten copy of the record and five typewritten copies of the brief. Motion in all other respects denied. Present — Bergan, P. J., Coon, Gibson, Herlihy and Reynolds, JJ.
#### § 57.11004 Portable rigid ladders.

Portable rigid ladders shall be provided with suitable bases and placed securely when used.
### §47534. Prohibition on operating certain aircraft weighing 75,000 pounds or less not complying with stage 3 noise levels

(a) Prohibition.—Except as otherwise provided by this section, after December 31, 2015, a person may not operate a civil subsonic jet airplane with a maximum weight of 75,000 pounds or less, and for which an airworthiness certificate (other than an experimental certificate) has been issued, to or from an airport in the United States unless the Secretary of Transportation finds that the aircraft complies with stage 3 noise levels.

(b) Aircraft Operations Outside 48 Contiguous States.—Subsection (a) shall not apply to aircraft operated only outside the 48 contiguous States.

(c) Temporary Operations.—The Secretary may allow temporary operation of an aircraft otherwise prohibited from operation under subsection (a) to or from an airport in the contiguous United States by granting a special flight authorization for one or more of the following circumstances:

(1) To sell, lease, or use the aircraft outside the 48 contiguous States.

(2) To scrap the aircraft.

(3) To obtain modifications to the aircraft to meet stage 3 noise levels.

(4) To perform scheduled heavy maintenance or significant modifications on the aircraft at a maintenance facility located in the contiguous 48 States.

(5) To deliver the aircraft to an operator leasing the aircraft from the owner or return the aircraft to the lessor.

(6) To prepare, park, or store the aircraft in anticipation of any of the activities described in paragraphs (1) through (5).

(7) To provide transport of persons and goods in the relief of an emergency situation.

(8) To divert the aircraft to an alternative airport in the 48 contiguous States on account of weather, mechanical, fuel, air traffic control, or other safety reasons while conducting a flight in order to perform any of the activities described in paragraphs (1) through (7).

(d) Regulations.—The Secretary may prescribe such regulations or other guidance as may be necessary for the implementation of this section.

(e) Statutory Construction.—

(1) AIP grant assurances.—Noncompliance with subsection (a) shall not be construed as a violation of section 47107 or any regulations prescribed thereunder.

(2) Pending applications.—Nothing in this section may be construed as interfering with, nullifying, or otherwise affecting determinations made by the Federal Aviation Administration, or to be made by the Administration, with respect to applications under part 161 of title 14, Code of Federal Regulations, that were pending on the date of enactment of this section.

(Added Pub. L. 112–95, title V, §506(a), Feb. 14, 2012, 126 Stat. 105.)

#### **Editorial Notes**

#### References in Text

The date of enactment of this section, referred to in subsec. (e)(2), is the date of enactment of Pub. L. 112–95, which was approved Feb. 14, 2012.