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

— Judgment unanimously affirmed. Memorandum: The Labor Department investigator was not required to give *Miranda*warnings before interviewing the defendant for unlawfully receiving unemployment insurance benefits during a time when he was gainfully employed. Even though the department’s investigation had been completed and the clear purpose of its interrogation of defendant in its local office was to obtain his admission of guilt, defendant was not in custody and his freedom of action was not curtailed *(Beckwith v United States,*425 US 341; *Miranda v Arizona,*384 US 436; *People v Huffman,*41 NY2d 29; *People v Yukl,*25 NY2d 585; *People v Rodney P.,*21 NY2d 1). Defendant’s admission of guilt was not the product of coercion and his statement was voluntary beyond a reasonable doubt *(People v Anderson,*42 NY2d 35; CPL 60.45). In view of this determination it is unnecessary to address the separate question of whether an investigator for the Labor Department, whose job is to investigate fraud, is a law enforcement officer within the meaning of CPL 60.45 (subd 2, par [b]). (Appeal from judgment of Wayne County Court — grand larceny, second degree.) Present — Simons, J. P., Hancock, Jr., Schnepp, Witmer and Moule, JJ.
**Exhibit31.2**

I, David R. Brown,certify that:

1. I have reviewed this annual report on Form 10-KSB/Aof National Mercantile Bancorp;

2. Based on my knowledge, this report does not containany untrue statement of a material fact or omit to state a material factnecessary to make the statements made, in light of the circumstances underwhich such statements were made, not misleading with respect to the periodcovered by this report;

3. Based on my knowledge, the financial statements,and other financial information included in this report, fairly present in allmaterial respects the financial condition, results of operations and cash flowsof the small business issuer as of, and for, the periods presented in thisreport;

4. The small business issuer’s other certifyingofficer and I are responsible for establishing and maintaining disclosurecontrols and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the small business issuer and have:

(a) Designed such disclosure controls and procedures,or caused such disclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to the small businessissuer, including its consolidated subsidiaries, is made known to us by otherswithin those entities, particularly during the period in which this report isbeing prepared;

(b) Evaluated the effectiveness of the small businessissuer’s disclosure controls and procedures and presented in this report ourconclusions about the effectiveness of the disclosure controls and procedures,as of the end of the period covered by this report based on such evaluation;and

(c) Disclosed in this report any change in the smallbusiness issuer’s internal control over financial reporting that occurredduring the small business issuer’s most recent fiscal quarter (the smallbusiness issuer’s fourth fiscal quarter in the case of an annual report) thathas materially affected, or is reasonably likely to materially affect, thesmall business issuer’s internal control over financial reporting; and

5.  The small business issuer’s other certifyingofficer and I have disclosed, based on our most recent evaluation of internalcontrol over financial reporting, to the small business issuer’s auditors andthe audit committee of the small business issuer’s board of directors (orpersons performing the equivalent functions):

(a) All significant deficiencies and materialweaknesses in the design or operation of internal control over financialreporting which are reasonably likely to adversely affect the small businessissuer’s ability to record, process, summarize and report financialinformation; and

(b) Any fraud, whether ornot material, that involves management or other employees who have asignificant role in the small business issuer’s internal control over financialreporting.

 

 
| Date:  | September 28, 2006      |   | /s/ David R.  Brown |   |
|--------|-------------------------|--------|---------------------|--------|
|   | David R. Brown          |   |
|   | Chief Financial Officer |   |

 

 

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#### In re BOARD OF EXAMINERS OF COUNTY OF ERIE.

(Supreme Court, Appellate Di vision, Fourth Department.

January 17, 1906.

In the matter of the appointment of a board oi examiners to examine into the operation of thi jury system of the county of Erie, created bj chapter 369, p. 188, Laws 1895.

No opinion Report of examining board received, approved and filed, and a certified copy therefor ordered transmitted to the commissioner of jurors foi the county of Erie.
309.470-1 Situations where reports are required. The contracting officer shall report to the HCA and the Associate Deputy Assistant Secretary—Acquisition whenever the contracting officer— ( a ) Knows or suspects that a contractor is committing or has committed any of the acts described in FAR 9.406-2 or 9.407-2; or
( b ) Suspects a contractor is attempting to evade the prohibitions of debarment or suspension imposed under FAR 9.405, or any other comparable regulation, by changes of address, multiple addresses, formation of new companies, or by other devices.
#### The People of the State of New York, Appellant, v. Victor Gonzalez, Respondent.

Appeal by the People from an order of the Supreme Court, Kings County, dated March 23, 1964, which granted the defendant’s motion to dismiss an indictment on the ground that the evidence before the Grand Jury was insufficient in law to warrant the finding of the indictment. Order reversed on the law; motion denied; and indictment reinstated. In our opinion, the evidence was such as to authorize the Grand Jury, in its judgment, to find that there was sufficient lawful evidence to justify the five-count indictment based on the violation of article 33 of the Public Health Law and section 1751 of the Penal Law, as applicable to the sale, possession and control of cannabis *(People*v. *Eckert,*2 N Y 2d 126, 129; *People*v. *Carter,*4 A D 2d 879; *People*v. *Cohen,*20 A D 2d 801; *People*v. *Sweeney,*213 N. Y. 37; *People*v. *Watford,*19 A D 2d 731). Beldock, P. J., Ughetta, Christ, Brennan and Hopkins, JJ., concur.
#### The People of the State of New York, Respondent, v. Minnie Sorrell, Also Known as Millie Sorrell, Appellant.

*Per Curiam.*

Defendant, convicted of selling narcotics, appeals from an order which denied her motion for a new trial on the ground of newly discovered evidence and, also, *955from an order which denied her motion in the nature of a writ of error *coram nobis.*With respect to each application, her basic contention is that she was deprived of the right of confrontation guaranteed to her by the Sixth Amendment to the Constitution of the United States in that the principal witness against her was presented and sworn under an assumed name, as she discovered only after her conviction. The theory sometimes advanced that the opportunity to cross-examine is all that is required for confrontation is not a complete answer to these applications, if ¡by that is meant no more than the opportunity to ask an unlimited number of naive questions of unknown witnesses or of “ faceless informers” *(Peters*v. Hobby, 349 U. S. 331, 350, per Douglas, J. concurring), and this while deprived of information whereby the “ witness may be identified with his community” and placed “in his proper setting” *(Alford*v. *United States,*282 U. S. 687, 691, 692). In this ease, however, the examination and testimony of the witness himself seem to us to exclude any factual basis for a claim of deprivation of the right of confrontation. The pertinent facts can be briefly stated. On direct examination, it clearly appeared that in the course of purchasing narcotics from defendant, the witness used a name other than that under which he was presented as a witness and, further, that he was known by that other name during his say in the county. On cross-examination, this again appeared as did the witness’ statement that “ usually I work undercover, you have to make believe, pretend you are somebody else ” and other admissions of disguised identity. Nevertheless, defendant did not seek to elicit any information whatsoever as to the witness’ identity. Upon this record, therefore, there was no concealment or representation upon which defendant was reasonably entitled to rely, or which can be shown to have misled her, and no showing of any deprivation of her right of confrontation. Had defendant propounded, and the court excluded one simple query as to the witness’ actual name and identity, intended, possibly, to permit background investigation and subsequent impeachment, the legal result might well be different and *Alford {supra)*might well be applicable, but such was not the development of the proof. Orders affirmed. Gibson, P. J., Taylor, Aulisi and Hamm, JJ., concur; Herlihy, J., concurs in the result.
DYCK

- O’NEAL, INC.,

Appellant,

v.

ANGELLA MASSA & JOSEPH MASSA

, Appellee s

. IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

CASE NO. 1D 1 6

- 4350

_____________________________/

Opinion filed October 16, 2017.

An appeal from a n order of the Circuit Court for Duval County

. James H. Daniels , Jud ge.
David M. Snyder, David M. Snyder Professional Association, Tampa ; Susan B. Morrison of the L aw Offices of Susan B. Morrison, P.A., Tampa ; and Daniel C. Consuegra, Chad W. Howard, and Joshua D. Moore of the Law Offices of Daniel C. Consuegra, Tampa

, for Appellant

.

Catrina H. Markwalter and J. Morgan Foster, Shutts & Bowen, LLP , Jacksonville

, for Appellee s

.

PER CURIAM.

AFFIRMED. See Higgins v. Dyck

- O’Neal, Inc. , 201 So. 3d 157 (Fla. 1st

DCA 2016) (holding that a party is not entitled to pursue a separate action for2 deficiency judgment where the foreclosure complaint includes a prayer for a

deficiency judgment and the foreclosure court reserves jurisdiction to enter a

deficiency judgment); see also Dyck

- O’Neal, Inc. v. Lanham , 214 So. 3d 802 (Fla.

1st DCA 2017) (certifying conflict between this Court’s decision in Higgins and

decisions by the other four district courts of appeal).

ROBERTS, BILBREY, and KELSEY, J J

. , CONCUR.
#### 437.204 Guidelines for determining availability of personnel.

The head of the contracting activity (HCA) is authorized to approve the use of non-Government evaluators in proposal evaluation. Each such decision shall be supported by a written determination in accordance with FAR 37.204.

[64 FR 52675, Sept. 30, 1999]
#### 332.7003 Contract clause.

Except as provided in 332.7002(a), use the clause at 352.232-71, Electronic Submission of Payment Requests, in all solicitations and contracts.
CERTIFICATIONS

                                                                    Exhibit 32.2

I, Christopher M. Capone, do hereby certify in accordance with 18 U.S.C. 1350,
as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

1.    The Quarterly Report on Form 10-Q of CH Energy Group, Inc. and Central
      Hudson Gas & Electric Corporation (the "Companies") for the period ended
      September 30, 2006 (the "Quarterly Report") fully complies with the
      requirements of section 13(a) or 15(d) of the Securities Exchange Act of
      1934 (15 U.S.C. 78m or 78o(d)); and

2.    The information contained in the Quarterly Report fairly presents, in all
      material respects, the financial condition and results of operations of
      the Companies.

Date: November 7, 2006

                                           /s/ Christopher M. Capone
                                  ----------------------------------------------
                                             Christopher M. Capone
                                     Chief Financial Officer and Treasurer
                                            of CH Energy Group, Inc.


                                           /s/ Christopher M. Capone
                                  ----------------------------------------------
                                             Christopher M. Capone
                                     Chief Financial Officer and Treasurer
                                  of Central Hudson Gas & Electric Corporation



                                       86
# C_2020348EN.01000101.xml

| 19.10.2020 | EN | Official Journal of the European Union | C 348/1 |
| --- | --- | --- | --- |

19.10.2020

EN

Official Journal of the European Union

C 348/1

---

Last publications of the Court of Justice of the European Union in the Official Journal of the European Union

(2020/C 348/01)

Last publication

OJ C 339, 12.10.2020

Past publications

OJ C 329, 5.10.2020

OJ C 320, 28.9.2020

OJ C 313, 21.9.2020

OJ C 304, 14.9.2020

OJ C 297, 7.9.2020

OJ C 287, 31.8.2020

These texts are available on:

EUR-Lex: http://eur-lex.europa.eu

---
#### 432.406 Letters of credit.

The HCA is designated as the individual responsible for coordination with the Department of Treasury concerning letters of credit.
#### The People of the State of New York, Respondent, v Kevin John Dunne, Appellant.

— Appeal by defendant from a judgment of the Supreme Court, Suffolk County, rendered April 18, 1977, convicting him of attempted sexual abuse in the first degree, upon a guilty plea, and imposing sentence. Case remanded to the Criminal Term to hear and report on the issue of whether the defendant was denied a speedy trial, to be held before a Judge other than the one who presided at the plea and sentence, and appeal held in abeyance in the interim. No hearing was held at Criminal Term on the speedy trial issue, and the present record is inadequate (see *People v Bakun,*62 AD2d 1062). Titone, J. P., Suozzi, Gulotta and Martuscello, JJ., concur.
WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

<TABLE> <S> <C>

<ARTICLE> 5
       
<CAPTION>

EXHIBIT 27 - 1998 FINANCIAL DATA SCHEDULES
<S>                       <C>           <C>          <C>
<PERIOD-TYPE>              YEAR         YEAR         YEAR
<FISCAL-YEAR-END>          DEC-31-1998  DEC-31-1997  DEC-31-1996
<PERIOD-END>               DEC-31-1998  DEC-31-1997  DEC-31-1996
<CASH>                       72,427     54,284       38,433
<SECURITIES>                 47,829     44,767       50,944
<RECEIVABLES>                54,677     55,689       39,546
<ALLOWANCES>                 1,066      1,025        1,081
<INVENTORY>                  52,296     44,533       49,570
<CURRENT-ASSETS>             199,427    172,548      153,528
<PP&E>                       200,955    174,519      151,497
<DEPRECIATION>               108,791    95,053       83,967
<TOTAL-ASSETS>                338,691   299,388      261,588
<CURRENT-LIABILITIES>         58,055    58,531       55,614
<BONDS>                       0         0            0
<COMMON>                      386       380          166
<PREFERRED-MANDATORY>         0         0            0
<PREFERRED>                   0         0            0
<OTHER-SE>                    273,127   234,536      199,240
<TOTAL-LIABILITY-AND-EQUITY>  338,691   299,388      261,588
<SALES>                       258,094   252,102      219,997
<TOTAL-REVENUES>              258,094   252,102      219,997
<CGS>                         125,446   125,075      109,228
<TOTAL-COSTS>                 125,446   125,075      109,228
<OTHER-EXPENSES>              87,995    83,459       80,654
<LOSS-PROVISION>              105       125          45
<INTEREST-EXPENSE>            544       448          700
<INCOME-PRETAX>               48,455    46,660       39,844
<INCOME-TAX>                  12,598    13,998       10,160
<INCOME-CONTINUING>           35,857    32,662       29,684
<DISCONTINUED>                0         0            0
<EXTRAORDINARY>               0         0            0
<CHANGES>                     0         0            0
<NET-INCOME>                  35,857    32,662       29,684
<EPS-PRIMARY>                 0.98      0.91         0.82
<EPS-DILUTED>                 0.94      0.86         0.79

        
<PAGE> 19

</TABLE>
Indirect Costs
4.1006 Modifications. ( a ) When a new item (such as an increased quantity) is added to the procurement instrument, assign a new line item number.
( b ) If the modification relates to existing line items, the modification shall refer to those items.
##### 



Exhibit 32.2 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 In connection with the Quarterly Report of Compass Bancshares, Inc. (the
Company) on Form 10-Q for the period ended September 30, 2004 as filed with
the Securities and Exchange Commission on the date hereof (the Report), I,
Garrett R. Hegel, Chief Financial Officer of the Company, certify, pursuant to
18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of
2002, that:  (1)
    
    the Report fully complies with the requirements of section 13(a) or 15(d)
of the Securities Exchange Act of 1934; and(2)
    
    the information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company. /s/ Garrett R. Hegel  Garrett R. Hegel
Chief Financial Officer
Compass Bancshares, Inc.
November 4, 2004 A signed original of this written statement required by Section 906 has been
provided to Compass Bancshares, Inc. and will be retained by Compass
Bancshares, Inc. and furnished to the Securities and Exchange Commission or its
staff upon request.
#### 304.7202 Contract clause.

Insert the clause at 352.204-70, Prevention and Public Health Fund—Reporting Requirements, in all solicitations and contract actions funded in whole or in part with PPHF funds, except classified solicitations and contracts. This includes, but is not limited to, awarding or modifying orders against existing or new contracts issued under FAR subparts 8.4 and 16.5 that will be funded with PPHF funds. Contracting officers shall include this clause in any existing contract or order that will be funded with PPHF funds. This clause is not required for any contract or order which contains a prior version of the clause at 352.204-70.
**Exhibit
      23.1**








**Consent
      of Independent Registered Public Accounting Firm**








We
      consent to the incorporation by reference in the Registration Statements and
      related Prospectuses (Forms S-3, No. 333-127707 and No. 333-107780, and Form
      S-4, No. 333-10771) of Commerce Bancorp, Inc. and in the Registration Statements
      (Forms S-8, No. 333-26965, No. 333-57497, No. 333-37764, No. 333-40386, No.
      333-120715 and No. 333-106941) pertaining to the Stock Option Plans and Employee
      Stock Purchase Plan of Commerce Bancorp, Inc. of our reports dated March 10,
      2006 with respect to the consolidated financial statements of Commerce Bancorp,
      Inc., Commerce Bancorp, Inc. management's assessment of the effectiveness of
      internal control over financial reporting, and the effectiveness of internal
      control over financial reporting of Commerce Bancorp, Inc., included in this
      Annual Report (Form 10-K) for the year ended December 31, 2005.







/s/
                  Ernst & Young LLP


Philadelphia,
      Pennsylvania


March
      10,
      2006
Exhibit 32.3

I, Christopher M. Capone, Chief Financial Officer and Treasurer of CH Energy
Group, Inc. and Chief Financial Officer and Treasurer of Central Hudson Gas &
Electric Corporation (the "Companies"), do hereby certify in accordance with 18
U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that:

1.    The Quarterly Report on Form 10-Q of the Companies for the period ending
      September 30, 2003 (the "Periodic Report") fully complies with the
      requirements of section 13(a) or 15(d) of the Securities Exchange Act of
      1934 (15 U.S.C. 78m(a) or 78o(d)) and

2.    The information contained in the Periodic Report fairly presents, in all
      material respects, the financial condition and results of operations of
      the Companies.

A signed original of this written statement required by Section 906 has been
provided to CH Energy Group, Inc. and to Central Hudson Gas & Electric
Corporation and will be retained by CH Energy Group, Inc. and furnished to the
Securities and Exchange Commission or its staff upon request.

                              CH ENERGY GROUP, INC.
                                  (Registrant)

                         By: /s/ Christopher M. Capone
                            -----------------------------------

                                 Christopher M. Capone
                        Chief Financial Officer and Treasurer


                    CENTRAL HUDSON GAS & ELECTRIC CORPORATION
                                 (Co-Registrant)

                         By: /s/ Christopher M. Capone
                            -----------------------------------

                                 Christopher M. Capone
                        Chief Financial Officer and Treasurer

Dated: November 12, 2003


                                       50