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

[815 NYS2d 278]

Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Mullen, J.), rendered September 20, 2002, convicting him of two counts of burglary in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the matter is remitted to the Supreme Court, Suffolk County, for a suppression hearing, and a report thereafter, addressing (1) the defendant’s application, made during trial, to suppress the subject pawn tickets and the fruits thereof, and (2) the issue of whether the defendant’s oral and written statements, in whole or in part, should be suppressed, and the appeal is held in abeyance in the interim; the Supreme Court shall file its report with all convenient speed.

*919The court conducted a pretrial *Mapp*and *Huntley*hearing *(see Mapp v Ohio,*367 US 643 [1961]; *People v Huntley,*15 NY2d 72 [1965]), but the defendant did not move for a pretrial *Dunaway*hearing *(see Dunaway v New York,*442 US 200 [1979]). At trial, however, Officer Popielaski, who first encountered the defendant before his arrest, and who had not testified at the pretrial suppression hearing, testified that the defendant was not free to leave when Officer Popielaski took the pawn tickets from him. The defendant, represented by counsel other than the attorney who represented him at the pretrial hearing, asked the court to suppress the pawn tickets and the fruits thereof. He also asked for suppression of his post-Miranda *(see Miranda v Arizona,*384 US 436 [1966]) written statement, not on the ground of the legality of his detention, but only on the ground of voluntariness. The court did not hold a hearing on the application to suppress the pawn tickets and their fruits, but denied the application on the merits.

The court had the power to entertain the midtrial application to suppress the pawn tickets and their fruits in the interest of justice *(see*CPL 255.20 [3]), but it should have held a hearing outside the presence of the jury before ruling because the testimony already adduced at trial before the jury did not focus on the *Dunaway*issue.

Accordingly, we remit the matter for a suppression hearing and a report by the Supreme Court. The hearing and the report should address the defendant’s entitlement to suppression, on *Dunaway*grounds, of (1) the pawn tickets and the fruits thereof, and (2) his oral and written statements.

We decide no other issues raised by the defendant at this time. Crane, J.P., Goldstein, Rivera and Dillon, JJ., concur.
#### BRADY v. INTERBORO RAPID TRANSIT CO.

(Supreme Court, Appellate Division, First Department.

December 31, 1914.)

Action by John Brady against the Interboro Rapid Transit Company.

No opinion. Motion denied, with $10 costs. Order filed. See, also, 150 N. Y. Supp. 1077.
PART 745—GOVERNMENT PROPERTY

Authority: Sec. 621, Pub. L. 787–195, 75 Stat. 445, (22 U.S.C. 2381) as amended; E.O. 12163, Sept.

29, 1979, 44 FR 56673; 3 CFR 1979 Comp., p. 435.

Subpart 745.1—General

745.107 Contract clauses.

Parent topic: SUBCHAPTER G—CONTRACT MANAGEMENT

Subpart 745.1—General

745.107 Contract clauses.

(a) The contracting officer must insert the clause at (48 CFR) AIDAR 752.245–71 in all contracts

under which the contractor will acquire property for use overseas and the contract funds were

obligated under a Development Objective Agreement (DOAG) (or similar bilateral obligating

agreement) with the cooperating country.

(b) The contracting officer must insert the applicable clause as required in (48 CFR) FAR 45.107 and

(48 CFR) AIDAR 752.245–70 in all contracts under which the contractor will acquire property with

funds not already obligated under a DOAG (or similar bilateral obligating agreement) with the

cooperating country.
#### The People of the State of New York, Respondent, v. John Harry Hazzard, Appellant.

Judgment of the Supreme Court, Queens County, rendered May 12, 1967, convicting defendant of various crimes, upon a jury verdict, affirmed. In our opinion, the proof as to the first count of the indictment (felonious sale of narcotics), albeit circumstantial, was clearly sufficient to sustain the conviction *(People*v. *Taddio,*292 N. Y. 488). Furthermore, although the absence of any proof that appellant possessed one or more ounces of a narcotic drug rendered the statutory presumption of intent to sell by reason of possession of such a quantity unavailable (see former Penal Law, § 1751, subd. 2), there was other evidence sufficient to establish beyond a reasonable doubt the existence of the intent charged in the second count of the indictment (cf. *People*v. *Silverman,*23 A D 2d 947). Such intent was established by the testimony of one of the police officers who had witnessed an actual sale of narcotics by appellant immediately prior to his arrest and by the proof that nine separate packages, subsequently found to contain heroin, were found on appellant’s person at the time of his arrest. Christ, Acting P. J., Benjamin, Munder, Martuseello and Kleinfeld, JJ., concur.
Exhibit 12.  Questar Pipeline Company Ratio of Earnings to Fixed Charges (Unaudited)  9 Months Ended Sept. 30,20092008(dollars in millions)EarningsIncome before income taxes$69.1$69.4Plus interest expense22.225.0Plus allowance for borrowed funds used during construction0.50.3Plus distributions from unconsolidated affiliate1.7Less Companys share of earnings of unconsolidated affiliate(2.8)(0.1)Plus interest portion of rental expense1.41.0Total$92.1$95.6Fixed ChargesInterest expense$ 22.2$25.0Plus allowance for borrowed funds used during construction0.50.3Plus interest portion of rental expense1.41.0Total$24.1$26.3Ratio of Earnings to Fixed Charges3.83.6  For purposes of this presentation, earnings represent income before income taxes adjusted for fixed charges, earnings and distribution of an unconsolidated affiliate. Fixed charges consist of total interest charges (expensed and capitalized), amortization of debt issuance costs, losses from reacquired debt, debt discounts and debt premiums, and the interest portion of rental expense estimated at 50%.
2416.603-2 Application.       (c) The HCA shall approve additional time periods for definitization of letter contracts authorized by the Contracting Officer pursuant to FAR 16.603-2(c).    **Parent topic:** Subpart 2416.6 - Time-And-Materials, Labor-Hour, and Letter Contracts
IN THE UNITED STATES FEDERAL DISTRICT COURT

MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

UNITED STATES OF AMERICA, *

Plaintiff, *

 *

vs. * CR. NO. 1:06mj70-DRB

 *

OSCAR MARTINEZ-RAMIREZ *

Defendants. *

MOTION TO WITHDRAW GUILTY PLEA

COMES, James R. Cooper, Jr. who moves that this Court allow Mr. Martinez to

withdraw his Guilty Plea and states in support thereof as follows: 

1. Mr. Cooper meet with Mr. Rameriz this past Friday. With them were Mr. Jeffery

Lee and Mrs. Beverly Childress. The purpose of the meeting was to conduct the

preliminary Pre-Sentence Investigation.

2. Mr. Rameriz said he did not know that he was giving up his RIGHTS when he

plead guilty. He said that he did not understand that he was pleading guilty to a

conspiracy. He said that he did not understand why he plead guilty. He did not

want to tell Mr. Lee that he knowingly plead guilty to a conspiracy. 

3. Mr. Rameriz then said he wanted to withdraw his guilty plea. He said that he felt

the Mr. Cooper did not adequately inform him of his rights when he plead guilty.

4. Mr. Rameriz was informed that if he withdrew his guilty plea, he may get a

potentially better plea agreement, no plea agreement or go to trial and get

convicted with a much worse punishment. 

5. Mr. Rameriz also wants another attorney. Mr. Cooper wishes to be relieved as

counsel.

Wherefore, Mr. Cooper requests the following relief:

1. That Mr. Martinez be allowed to withdraw his Guilty Plea. 

2. All other appropriate relief. 

Case 1:06-cr-00201-WHA-CSC Document 36 Filed 01/29/2007 Page 1 of 2
RESPECTFULLY SUBMITTED,

 

s/James R. Cooper, Jr. (COO021)

COOPER & COOPER

Attorney for Defendant

312 Scott Street

Montgomery, AL 36104

(334) 262-4887

CERTIFICATE OF SERVICE

I hereby certify that on this the 29th day of January , 2007, I have served a copy of the

foregoing Motion to Withdraw Guilty Plea upon Ms A. Clark Morris , Asst. U.S. Attorney,

P.O. Box 197, Montgomery, Alabama 36101 and by electronic case filing, by placing a copy of

same in the United States Mail properly addressed and postage prepaid.

s/James R. Cooper, Jr. (COO021

cc:

Mr. Oscar Martinez-Ramirez

Montgomery City Jail

P. O. Drawer 159

Montgomery, Al 36105

Case 1:06-cr-00201-WHA-CSC Document 36 Filed 01/29/2007 Page 2 of 2
1852.000 Scope of part.

This part, in conjunction with FAR part 52—

(a) Sets forth the provisions and clauses prescribed in the NFS,

(b) Gives instructions for their use, and

(c) Presents a matrix listing the provisions and clauses applicable to each principal contract type

and/or purpose (e.g., fixed-price supply, cost-reimbursement research and development).

Parent topic: PART 1852—SOLICITATION PROVISIONS AND CONTRACT CLAUSES
§ 110.60 Violations. ( a ) The Commission may obtain an injunction or other court order to prevent a violation of the provisions of— ( 1 ) The Atomic Energy Act;
( 2 ) Title II of the Energy Reorganization Act of 1974; or
( 3 ) A regulation or order pursuant to those Acts.
( b ) The Commission may obtain a court order for the payment of a civil penalty imposed under section 234 of the Atomic Energy Act: ( 1 ) For violations of: ( i ) Sections 53, 57, 62, 63, 81, 82, 101, 103, 104, 107, or 109 of the Atomic Energy Act;
( ii ) Section 206 of the Energy Reorganization Act;
( iii ) Any rule, regulation, or order issued pursuant to the sections specified in paragraph (b)(1)(i) of this section;
( iv ) Any term, condition, or limitation of any license issued under the sections specified in paragraph (b)(1)(i) of this section.
( 2 ) For any violation for which a license may be revoked under section 186 of the Atomic Energy Act.
[75 FR 44092, July 28, 2010]
exv10wt






EXHIBIT 10T




COGNEX CORPORATION

SUMMARY OF ANNUAL BONUS PROGRAM



Cognex Corporation (the “Company”) provides selected employees, including the Company’s named
executive officers, with an opportunity to earn cash bonuses pursuant to an annual bonus program
(the “Bonus Program”). Each participant in the Bonus Program is assigned a target annual cash
bonus. Participants may earn their bonuses based on the achievement of certain financial goals
set forth in the Company’s annual budget related to the Company’s operating income (excluding
stock-based compensation expense) as a percentage of revenue, or “operating margin.” The
Compensation/Stock Option Committee of the Company’s Board of Directors establishes a minimum
level of operating margin, which must be achieved for any cash bonus to be paid to a participant.
Once the minimum threshold has been achieved, each participant’s eligible bonus is calculated as
follows:





	 	•	 	if the operating margin is above the minimum threshold but below the operating margin
target in the annual budget, each employee is eligible to receive a pro-rata portion of
his or her target bonus;
	 
	 	•	 	if the operating margin is equal to the operating margin set forth in the annual
budget, each employee is eligible to receive 100% of his or her target bonus; and
	 
	 	•	 	if the operating margin is above the operating margin set forth in the annual budget,
all exempt employees are eligible to receive an additional amount depending upon his or
her grade level and up to a maximum level approved by the Compensation/Stock Option
Committee.




The Compensation/Stock Option Committee approves the target bonus for each employee at director
level and above, which includes the Company’s named executive officers, and the amount by which
each individual can participate in any increase due to performance in excess of the budget target.
Once the operating margin criterion is met, the amount each employee at director level and above,
which includes the Company’s named executive officers, receives depends upon the achievement of
individual performance goals, which are established annually.



Under the Bonus Program, Robert J. Shillman, the Company’s Chief Executive Officer, has the
opportunity to earn 0-300% of his target bonus amount based on the achievement of the specified
performance goals and the other executive officers have the opportunity to earn 0-200% of their
target bonus amounts based on the achievement of the specified performance goals. For fiscal year
2010, Robert J. Willett will have the opportunity to earn 0-250% of his target bonus amount
based on the achievement of the specified performance goals.



The annual bonuses for the Company’s named executive officers are listed in the Summary
Compensation Table set forth in the Company’s proxy statement for its annual meeting of
shareholders.
§ 15.26 Reporting claims. ( a ) In addition to assessing interest, penalties, and administrative costs under § 15.37, the NRC may report a debt that has been delinquent for 90 days to a consumer reporting agency if all the conditions of this paragraph are met. ( 1 ) The debtor has not— ( i ) Paid or agreed to pay the debt under a written payment plan that has been signed by the debtor and agreed to by the NRC; or
( ii ) Filed for review of the debt under § 15.26 (a)(2)(iv).
( 2 ) The NRC has included a notification in the second written demand (see § 15.21(b)) to the individual debtor stating— ( i ) That the payment of the debt is delinquent;
( ii ) That within not less than 60 days after the date of the notification, the NRC intends to disclose to a consumer reporting agency that the individual debtor is responsible for the debt;
( iii ) The specific information to be disclosed to the consumer reporting agency; and
( iv ) That the debtor has a right to a complete explanation of the debt (if that has not already been given), to dispute information in NRC records about the debt, and to request reconsideration of the debt by administrative appeal or review of the debt.
( 3 ) The NRC has reconsidered its initial decision on the debt when the debtor has requested a review under paragraph (a)(2)(iv) of this section.
( 4 ) The NRC has taken reasonable action to locate a debtor for whom the NRC does not have a current address to send the notification provided for in paragraph (a)(2) of this section.
( b ) If there is a substantial change in the condition or amount of the debt, the NRC shall— ( 1 ) Promptly disclose that fact(s) to each consumer reporting agency to which the original disclosure was made;
( 2 ) Promptly verify or correct information about a debt on request of a consumer reporting agency for verification of information disclosed by the NRC; and,
( 3 ) Obtain assurances from the consumer reporting agency that the agency is complying with all applicable Federal, state and local laws relating to its use of consumer credit information.
( c ) The information the NRC discloses to the consumer reporting agency is limited to— ( 1 ) Information necessary to establish the identity of the individual debtor, including name, address, and taxpayer identification number;
( 2 ) The amount, status, and history of the debt; and
( 3 ) The NRC activity under which the debt arose.
[55 FR 32378, Aug. 9, 1990, as amended at 67 FR 30319, May 6, 2002]
(logo)**Prudential**

**PrudentialAsset Resources**

PGIMReal Estate Finance

2100Ross Avenue, Suite 2500, Dallas TX 75201

Tel214-777-4500

 

Abusiness of Prudential Financial, Inc.

 

 

WellsFargo Bank, National Association

CommercialMortgage Servicing

MACD1086

550South Tryon Street, 14th Floor

Charlotte,North Carolina 28202

Attention:Asset Manager

 

RE:         **WFRBS 2012-C10**

Period: **January 1, 2018 to December 31,2018(the "Reporting Period")**

 

 

**Annual ComplianceStatement**

 

I, Joni Brown-Haas, in my capacity asPresident and Managing Director of Prudential Asset Resources, Inc. (the"Company") hereby certify with regard to the Company's role asSub-Servicer under the Sub-Servicing Agreement, (the "Agreement")dated as of December 1, 2012, pertaining to the above-referenced certificates,that:

 

       (i)           areview of the activities of the Company under the Agreement  during theperiod noted above, and  of the performance of the Company under theAgreement during the  relevant  period  has been made under mysupervision, and

 

     (ii)           to thebest of my knowledge, based on such review, the Company has fulfilled all itsobligations under the Agreement throughout the relevant period, and

 

   (iii)           to thebest of my knowledge, based on such review, the Company has fulfilled itsobligations under its sub-servicing agreement in all material respects, and

 

    (iv)           theCompany has maintained an effective internal control system over the servicingof mortgage loans including the Loans serviced by the Company, and

 

     (v)           theCompany has not received any notice regarding qualification or challenging thestatus of the Lower Tier REMIC or the Upper Tier REMIC as a REMIC, from the IRSor any other governmental agency or body.

 

Effectiveas of February 22, 2019

 

 

/s/Joni Brown-Haas

JoniBrown-Haas

Presidentand Managing Director

PrudentialAsset Resources, Inc.
<PAGE>

                                                                    EXHIBIT 32.2

   CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER PURSUANT TO SECTION 906 OF THE
                           SARBANES-OXLEY ACT OF 2002

        In connection with the Quarterly Report of SEDONA Corporation on Form
10-Q for the quarter ending March 31, 2005 as filed with the Securities and
Exchange Commission on the date hereof (the "Quarterly Report"), I, Anita M.
Primo, Chief Financial Officer of SEDONA Corporation certify, pursuant Section
906 of the Sarbanes-Oxley Act of 2002, that:

        (1) The Quarterly 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 Quarterly Report fairly presents,
in all material respects, the financial condition and results of operations of
SEDONA Corporation.

Dated:  May 13, 2005                  /s/ ANITA M. PRIMO
                                      ------------------------------------------
                                      Anita M. Primo
                                      Vice President and Chief Financial Officer
                                      (Principal Financial Officer)
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Energy

###### Federal Energy Regulatory Commission

          - [Project No. 2594-013-MT]

In accordance with the National Environmental Policy Act of 1969 and the Federal Energy Regulatory Commission (Commission) regulations, 18 CFR Part 380 (Order No. 486, 52 FR 47879), the Office of Energy Projects has reviewed the application for a new license for the existing Lake Creek Hydroelectric Project, located on Lake Creek in Lincoln County, Montana, near the City of Troy and prepared a final environmental assessment (EA). The project does not occupy federal lands.

The Final EA contains the staff's analysis of the potential environmental impacts of the project and concludes that licensing the project would not constitute a major federal action that would significantly affect the quality of the human environment.

                    A copy of the Final EA is on file with the Commission and is available for public inspection. The Final EA may                           ( print page 78705)                        also be viewed on the Commission's Web site at                     *http://www.ferc.gov*                     using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at                     *FERCOnlineSupport@ferc.gov*                     or toll-free at 1-866-208-3676, or for TTY, (202) 502-8659.                

Kimberly D. Bose,

Secretary.

[FR Doc. 2010-31565 Filed 12-15-10; 8:45 am]

BILLING CODE 6717-01-P
Editorial Note on Part 37
Editorial Note: Nomenclature changes to part 37 appear at 79 FR 75739, Dec. 19, 2014.

§ 37.21 Personnel access authorization requirements for category 1 or category 2 quantities of radioactive material. ( a ) *General.* ( 1 ) Each licensee that possesses an aggregated quantity of radioactive material at or above the category 2 threshold shall establish, implement, and maintain its access authorization program in accordance with the requirements of this subpart.
( 2 ) An applicant for a new license and each licensee that would become newly subject to the requirements of this subpart upon application for modification of its license shall implement the requirements of this subpart, as appropriate, before taking possession of an aggregated category 1 or category 2 quantity of radioactive material.
( 3 ) Any licensee that has not previously implemented the Security Orders or been subject to the provisions of this subpart B shall implement the provisions of this subpart B before aggregating radioactive material to a quantity that equals or exceeds the category 2 threshold.
( b ) *General performance objective.* The licensee's access authorization program must ensure that the individuals specified in paragraph (c)(1) of this section are trustworthy and reliable.
( c ) *Applicability.* ( 1 ) Licensees shall subject the following individuals to an access authorization program: ( i ) Any individual whose assigned duties require unescorted access to category 1 or category 2 quantities of radioactive material or to any device that contains the radioactive material; and
( ii ) Reviewing officials.
( 2 ) Licensees need not subject the categories of individuals listed in § 37.29(a)(1) through (13) to the investigation elements of the access authorization program.
( 3 ) Licensees shall approve for unescorted access to category 1 or category 2 quantities of radioactive material only those individuals with job duties that require unescorted access to category 1 or category 2 quantities of radioactive material.
( 4 ) Licensees may include individuals needing access to safeguards information-modified handling under part 73 of this chapter in the access authorization program under this subpart B.
§ 1040.115 Other means authorized by law. No action to effect compliance by any other means authorized by law is to be taken until— ( a ) The Director has determined that compliance cannot be secured by voluntary means;
( b ) The recipient or other person has been notified by the Director, in writing, that it has been found in formal noncompliance and that it has 10 days before formal enforcement proceedings begin in which to enter into a written voluntary compliance agreement.
( c ) The expiration of at least ten (10) days from the mailing of the notice to the recipient or other person.