alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

765 

KA 10-00659 

PRESENT: SMITH, J.P., FAHEY, PERADOTTO, SCONIERS, AND VALENTINO, JJ. 

 

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, 

V MEMORANDUM AND ORDER

RODNEY L. SCALES, DEFENDANT-APPELLANT. 

 

TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (DAVID R. JUERGENS OF

COUNSEL), FOR DEFENDANT-APPELLANT. 

SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (MATTHEW DUNHAM OF

COUNSEL), FOR RESPONDENT. 

 

Appeal from a judgment of the Monroe County Court (John J.

Connell, J.), rendered March 19, 2010. The judgment convicted

defendant, upon his plea of guilty, of attempted robbery in the first

degree. 

It is hereby ORDERED that the judgment so appealed from is

unanimously affirmed. 

Memorandum: Defendant appeals from a judgment convicting him,

upon his plea of guilty, of attempted robbery in the first degree

(Penal Law §§ 110.00, 160.15 [4]). Defendant failed to preserve for

our review his challenge to the factual sufficiency of the plea

allocution because he did not move to withdraw the plea or to vacate

the judgment of conviction on that ground (see People v Lopez, 71 NY2d

662, 665). In any event, “no factual colloquy was required inasmuch

as defendant pleaded guilty to a lesser included offense” (People v

Thelbert, 17 AD3d 1049, 1049; see People v Thousand, 96 AD3d 1439,

1440, lv denied 19 NY3d 1002).

Defendant further contends that County Court should have afforded

him the opportunity to withdraw his guilty plea because his postplea

assertions of innocence cast doubt on whether the plea was knowingly,

intelligently, and voluntarily entered. Defendant did not move to

withdraw the plea or vacate the judgment on that ground and, thus,

that contention is not preserved for our review (see People v Eagle,

105 AD3d 1453, 1453-1454, lv denied 21 NY3d 1073; cf. People v Nelson,

66 AD3d 1430, 1430, lv denied 14 NY3d 772). In any event, that

contention lacks merit. “ ‘[A] defendant is not entitled to withdraw

his guilty plea based on a subsequent unsupported claim of innocence,

where the guilty plea was voluntarily made with the advice of counsel

following an appraisal of all the relevant factors’ ” (People v

Alexander, 97 NY2d 482, 485; see People v Gleen, 73 AD3d 1443, 1444,
-2- 765 

KA 10-00659 

lv denied 15 NY3d 773). 

Entered: June 20, 2014 Frances E. Cafarell

Clerk of the Court
### Page 1 of 3 **Disposition Comments Docket No:**  

### FAA - 2013 - 0401 These comments are in **Directorate ID:** 

### 2012 - SW - 047 - AD response to an SNPRM Originating Office Tracking No.: **Next Step:** FRAN SNPRM 

### N o C omments/Only

Supportive Comments Received

– If this box is checked, no signatures are required. No 

### Has the reference d service information been revised since the NPRM was issued? I f ye s, lis t latest revision and attach a cop y. Note that changes beyond the scope of the previously published NPRM will require a new notice. Contact the Directorate focal point for guidance. Instructions: Summarize all comments **by issue** (not by commenter) and provide your recommended resolution of each issue. **All comments relating to the sam e issue should be discussed together.**  Do not list all of the issues from one commenter togeth er. If changes to the AD are required based on the comments received, explain why and describe in detail what change(s) you recommend. Reference FAA - IR- M - 8040.1C Chapter 9. **ISSUE 1:** Select one o

f the following : If other, explain : Commenter(s): What change to the AD action is requested? Why is the change requested or how is it justified? Do we agree? If **YES,** we agree because Make the following changes to the AD: If **PARTIALLY AGREE** , we agree with because We disagree with because

Make the following changes to the AD: If **NO** , we don’t agree because **ISSUE 2**  **:** Select one of the following :

If other, explain : Commenter(s): What change to the AD action is requested? Why is the change requested or how is it justified? Do we agree? If **YES,** we agree because Make the following changes to the AD: If **PARTIALLY AGREE** , we agree with because We disagree with because Make the following changes to the AD:

### Page 2 of 3

If **NO** , we don’t agree because **For additional issues, do uble**  **- click**  **here**

### Page 3 of 3 **S ignature Section**  Signature indicates concurrence with this action. Originating Office Tracking No.: **ASE** Printed Name **: Date** 

**Branch M anager**  **Date**
**EXHIBIT 32.1****CERTIFICATION OF CHIEF EXECUTIVE OFFICER**I, Richard Falcone, Chief Executive Officer of Securus Technologies, Inc., certify, pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that, to the best of myknowledge:(1) the Quarterly Report on Form 10-Q of the Company for thequarterly period ended June 30, 2005 (the “Report”) fullycomplies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and (2) the information contained in the Reportfairly presents, in all material respects,the financial condition and results ofoperations of the Company.     /s/ RICHARD FALCONE        Richard Falcone  *Chief Executive Officer*  August 15, 2005
9905.505-30 Definitions. ( a ) The following are definitions of terms which are prominent in this Standard. Other terms defined elsewhere in this chapter 99 shall have the meanings ascribed to them in those definitions unless paragraph (b) of this subsection requires otherwise. ( 1 ) *Directly associated cost* means any cost which is generated solely as a result of the incurrence of another cost, and which would not have been incurred had the other cost not been incurred.
( 2 ) *Expressly unallowable cost* means a particular item or type of cost which, under the express provisions of an applicable law, regulation, or contract, is specifically named and stated to be unallowable.
( 3 ) *Indirect cost* means any cost not directly identified with a single final cost objective, but identified with two or more final cost objectives or with at least one intermediate cost objective.
( 4 ) *Unallowable cost* means any cost which, under the provisions of any pertinent law, regulation, or contract, cannot be included in prices, cost reimbursements, or settlements under a Government contract to which it is allocable.
( b ) The following modifications of terms defined elsewhere in this chapter 99 are applicable to this Standard: None.
## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 11-1575

___________ Mary Amerson, * * Appellant, * * Appeal from the United States v. * District Court for the * Southern District of Iowa. City of Des Moines, Iowa, * * [UNPUBLISHED] Appellee. *

___________ Submitted: December 2, 2011 Filed: December 7, 2011

___________ Before WOLLMAN, SMITH, and GRUENDER, Circuit Judges.

___________ PER CURIAM. Mary Amerson sued the City of Des Moin es in Iowa state court, claiming in part that the City’s enforcement of its nuisance ordinances was discriminatory and unconstitutional and that various City official s had caused damage to or the loss of her real estate and vehicles, ha d committed illegal searches and seizures, had defamed her character, and had conducted an unfair administrative hearing. After the City removed the action to federal court, the district court 1 denied Amerson’s motion to remand because it was untimely and b ecause Amerson had claimed vi olations of her federal

1 The Honorable Robert W. Pratt, United States District Judge for the Southern District of Iowa.constitutional rights. The court late r granted the City’s motion for summary judgment, denied Amerson’s motion to a lter or amend judgment, and denied her related motion to strike. She appeals all those rulings. Following careful review, we conclude that the motion to remand was properly denied as untimely, see Graphic Commc’ns Local 1B Health & Welfare Fund A v. CVS Caremark Corp. , 636 F.3d 971, 974 (8th Cir. 2011), and that the grant of summary judgment was proper, seeRau v. Roberts , 640 F.3d 324, 327 (8th Cir. 2011). We find no abuse of discretion in the denial of the motion to alter or amend judgment, see Sipp v. Astrue , 641 F.3d 975, 980-81 (8th Cir. 2011), and no error in the denial of the motion to strike the City’s timely response. Accordingly, the judgment is affirmed. See 8th Cir. R. 47B.

______________________________

-2-
§ 1160.501 Continuation referenda. ( a ) The Secretary at any time may conduct a referendum among those persons who the Secretary determines were fluid milk processors during a representative period, as determined by the Secretary, on whether to suspend or terminate the order. The Secretary shall hold such a referendum at the request of the Board or of any group of such processors that marketed during a representative period, as determined by the Secretary, 10 percent or more of the volume of fluid milk products marketed in the United States by fluid milk processors voting in the preceding referendum.
( b ) Any suspension or termination of the order on the basis of a referendum conducted pursuant to this section must be favored: ( 1 ) By at least 50 percent of the fluid milk processors voting in the referendum; and
( 2 ) By fluid milk processors voting in the referendum that marketed during a representative period, as determined by the Secretary, 40 percent or more of the volume of fluid milk products marketed in the United States by fluid milk processors voting in the referendum.
( c ) If the Secretary determines that the suspension or termination of the order is favored in the manner set forth in § 1160.501(b), the Secretary shall take such action within 6 months of such determination.
[58 FR 62503, Nov. 29, 1993, as amended at 62 FR 3983, Jan. 28, 1997]
Featured Grant OpportunitySchool Emergency Response to Violence (Project SERV) (Funding Opportunity) 

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## Breadcrumb

            -           The Teen Brain: Still Under Construction      

# The Teen Brain: Still Under Construction

This brochure describes changes in the brain that occur during the teen years, and the significance of this stage of development.

http://www.nimh.nih.gov/health/publications/the-teen-brain-still-under-construction/complete-index.shtml
Featured Grant OpportunitySchool Emergency Response to Violence (Project SERV) (Funding Opportunity) 

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Featured Grant OpportunityRisk and Protective Factors of Family Health and Family Level Interventions (Funding Opportunity)

Featured Grant OpportunityPersonnel Development to Improve Services and Results for Children with Disabilities--Doctoral...

Featured Grant OpportunityStanding Announcement for Tribal Title IV-E Plan Development Grants (Funding Opportunity)

Featured Grant OpportunityProviding Research Education Experiences to Enhance Inclusivity for a Diverse Substance Use and...

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# Report: Public High School Students’ Use of Graduation, Career, or Education Plans

This report analyzes public high school students’ use of graduation, career, or education plans as of 2012. About 40% of students were required to create their own plan, 23% selected from plans offered, and 5% were assigned a plan by the school. Approximately 11% of students developed a plan they submitted and met with school staff at least annually to review or revise it. 

http://nces.ed.gov/pubsearch/pubsinfo.asp?pubid=2017111&utm_source=Youth.gov&utm_medium=federal-links&utm_campaign=Reports-and-Resources
#### § 1222.104 Subagents.

The referendum agent may appoint any individual or individuals necessary or desirable to assist the agent in performing such agent's functions of this subpart. Each individual so appointed may be authorized by the agent to perform any or all of the functions which, in the absence of such appointment, shall be performed by the agent.
#### § 1147.208 Confidentiality.

AMS will only collect information deemed necessary to administer the Dairy Donation Program and will use the information only for that purpose. AMS will keep all proprietary business information collected under the program confidential.
#### 950.7001 Applicability

The policies and procedures of this subpart shall govern DOE's entering into agreements of indemnification with recipients of a contract whose work under the contract involves the risk of public liability for a nuclear incident or precautionary evacuation.

[49 FR 12039, Mar. 28, 1984, as amended at 56 FR 57827, Nov. 14, 1991]
§ 1160.401 Reports. Each fluid milk processor marketing milk and paying an assessment under § 1160.211 shall be required to report upon the remittance of such assessments such information as the Board or the Secretary may require. Such information shall include but not be limited to the following: ( a ) The quantity of fluid milk products marketed that is subject to the collection of the assessment;
( b ) The amount of assessment remitted;
( c ) The reason, if necessary, why the remittance is less than the number of hundredweights of milk multiplied by 20 cents; and
( d ) The date any assessment was paid.
_____________________________________

Page 46 is not included in this copy.

Pages through are not included in this copy.

_______________________________________________________________

The material not included contains the following type of
information:

__X___ Identity of product inert ingredients.

_____ Identity of product impurities.

_____ Description of the product manufacturing process.

_____ Description of quality control procedures.

_____ Identity of the source of product ingredients.

_____ Sales or other commercial/financial information.

_____ A draft product label.

_____ The product confidential statement of formula.

_____ Information about a pending registration action.

_____ FIFRA registration data.

____ The document is a duplicate of page(s) ____.

_____ The document is not responsive to the request.

_____ Proprietary information pertaining to the chemical composition of an inert ingredient provided by the source of the ingredient.

_____ Attorney-Client Privilege.

_____ Claimed Confidential by submitter upon submission to the

Agency.

_____ Internal Deliberative Information.

* The information not included is generally considered confidential by product registrants. If you have any questions, please contact the individual who prepared the response to your request.

_________________________________________________________________
MEMORANDUM 

DATE: January 24, 2015

TO: Clean Power Plan for Existing Power Plants; Docket Id: OAR–2013-0602

FROM: Howard J. Hoffman, EPA - OGC

SUBJECT: November 17, 2014 Phone Call with Advanced Energy Economy Regarding 

Proposed Clean Power Plan for Existing Power Plants

SUMMARY

On or about November 17, 2014, I spoke by telephone with Arvin Ganesan of Advanced Energy

Economy to discuss legal issues concerning the proposed Clean Power Plan for existing power 

plants.
### IN THE TENTH COURT OF APPEALS

No. 10

- 14

- 00251

- CV

EUSEBIO PALACIOS AND JULIA JUAREZ , Appellant s

v.
JP MORGAN CHASE BANK , N.A., ITS OFFICERS, AGENTS , ASSIGNEES, AND ASSOCIATES , Appellee

From the County Court at Law Ellis County, Texas Trial Court No. 13

- C

- 3097

MEMORANDUM OPINION

Appellant s are attempting to appeal the trial court’s Ma y 3 1 , 20 13 final judgment.
They filed their notice of appeal on July 31, 2014

. The notice of appeal must have been
filed within 30 days after the judgment was signed, ( T EX

. R. A PP

. P. 26.1)
, and a motion

for exten sion of time to file notice of appeal must have been filed within 15 days after
the deadline for filing the notice of appeal. T EX

. R. A PP

. P. 26.3.Palacios v. JP Morgan Chase Bank, N.A. Page 2

The Clerk of the Court notified Appellant s in a letter dated September 3 , 20 14

that t his appeal may be dismissed for want of jurisdiction unless t h ey filed a response

within 1 0 days showing grounds for continuing the appeal. Appellant s ha ve not
responded.
Because Appellant s ’ notice of appeal was untimely , t his appeal is dismissed for

want of jurisdiction. See T EX

. R. A PP

. P. 42.3(a)

.

REX D. DAVIS Justice
Before Chief Justice Gray, Justice Davis , and Justice Scoggins Dismissed Opini on d elivered and filed September 25 , 2014 [CV06]
§ 1147.209 Books and records. Each eligible dairy organization shall maintain and retain records of its operations and make such records and its facilities available to AMS as necessary to ensure the integrity of the Dairy Donation Program. ( a ) *Records to be maintained and made available.* Each eligible dairy organization must maintain and make available records of its operations (including, but not limited to, records of donations, processing, packaging, and disposition of donated eligible dairy products) that are necessary to verify whether it met program requirements.
( b ) *Retention of records.* All records required under the paragraph (a) shall be retained by the eligible dairy organization for a period of 3 years to begin at the end of the month to which such records pertain.
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## Breadcrumb

            -           Resource: Ensuring Equity and Providing Behavioral Supports to Students with Disabilities      

# Resource: Ensuring Equity and Providing Behavioral Supports to Students with Disabilities

This Dear Colleague Letter (PDF, 16 pages) describes the requirement that schools provide positive behavioral supports to students with disabilities who need them, and clarifies that repeated use of disciplinary actions could suggest that these students may not be receiving appropriate behavioral interventions and supports. 

http://www2.ed.gov/policy/gen/guid/school-discipline/files/dcl-on-pbis-in-ieps--08-01-2016.pdf?utm_source=Youth.gov&utm_medium=Federal-Links&utm_campaign=Reports-and-Resources
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# Let’s Move Active Schools

As part of her “Let’s Move” program, First Lady Michelle Obama has created a new website, “Let’s Move Active Schools,” where schools can identify their fitness needs, set fitness goals and measure progress, and celebrate successes. The website also provides information about grants and resources, and profiles of schools that have successfully used physical activity to help students thrive. Learn more. 

http://www.letsmoveschools.org/