alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 45114

STATE OF IDAHO,

Plaintiff-Respondent,

v.

DAVID ALEXANDER GREEN,

Defendant-Appellant.

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2018 Unpublished Opinion No. 329

Filed: January 18, 2018

Karel A. Lehrman, Clerk

THIS IS AN UNPUBLISHED

OPINION AND SHALL NOT

BE CITED AS AUTHORITY

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada

County. Hon. Steven Hippler, District Judge. 

Judgment of conviction and unified sentence of seven years, with a minimum 

period of confinement of two and one-half years, for possession of 

methamphetamine, affirmed.

Eric D. Fredericksen, State Appellate Public Defender; Justin M. Curtis, Deputy 

Appellate Public Defender, Boise, for appellant. 

Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney 

General, Boise, for respondent. 

________________________________________________

Before GUTIERREZ, Judge; HUSKEY, Judge;

and LORELLO, Judge

________________________________________________

PER CURIAM

David Alexander Green pled guilty to possession of methamphetamine, Idaho Code § 37-

2732(c). The district court imposed a unified sentence of seven years, with a minimum period of 

confinement of two and one-half years. Green appeals, contending that his sentence is excessive.

Sentencing is a matter for the trial court’s discretion. Both our standard of review and the 

factors to be considered in evaluating the reasonableness of the sentence are well established and 

need not be repeated here. See State v. Hernandez, 121 Idaho 114, 117-18, 822 P.2d 1011, 1014-

15 (Ct. App. 1991); State v. Lopez, 106 Idaho 447, 449-51, 680 P.2d 869, 871-73 (Ct. App. 
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1984); State v. Toohill, 103 Idaho 565, 568, 650 P.2d 707, 710 (Ct. App. 1982). When reviewing 

the length of a sentence, we consider the defendant’s entire sentence. State v. Oliver, 144 Idaho 

722, 726, 170 P.3d 387, 391 (2007). Applying these standards, and having reviewed the record 

in this case, we cannot say that the district court abused its discretion.

Therefore, Green’s judgment of conviction and sentence are affirmed.
Exhibit 35.2



LOGO

2016 Annual Statement of Servicer Compliance (Item 1123)

Pooling and Servicing Agreement (the Pooling and Servicing Agreement) dated as of November 1, 2016 by and among Citigroup Commercial Mortgage
Securities, Inc. as Depositor, Midland Loan Services, a Division of PNC Bank, National Association as Master Servicer, Rialto Capital Advisors, LLC as Special Servicer, TriMont Real Estate Advisors, Inc. as Operating Advisor and Asset
Representations Reviewer, Citibank, N.A. as Certificate Administrator, and Deutsche Bank Trust Company Americas as Trustee, relating to the Citigroup Commercial Mortgage Trust 2016-C3, Commercial Mortgage
Pass-through Certificates, Series 2016-C3 (CGCMT 2016-C3)

The
undersigned, a duly authorized officer of Rialto Capital Advisors, LLC, as special servicer (the Special Servicer) herein certifies to the following:



| | 1. | All servicing activities and performance of such servicing activities under the Pooling and Servicing Agreement are performed on behalf of the Special Servicer.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------



| | 2. | A review of the servicing activities and performance by the Special Servicer for the period of November 17, 2016 through December 31, 2016 (the Reporting Period), under the Pooling and Servicing
Agreement has been conducted under my supervision.
| | -- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | 3. | To the best of my knowledge, based on such review, the Special Servicer has fulfilled all of its obligations under the terms of the Pooling and Servicing Agreement, in all material respects throughout the Reporting
Period and if there has been a failure to fulfill any such obligations in any material respect, each failure and the nature and status thereof has been specifically identified herein.
| | -- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|              |  |                                |  |                    
|------------- |  | ------------------------------ |  | -------------------
|Certified by: |  | /s/ Adam Singer                |  | Date: March 1, 2017
|              |  | Adam Singer, Managing Director |  |
#### Richard Campaign, Appellant, v Rosalie Barba, Respondent, et al., Defendants.

[805 NYS2d 86]

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (Bunyan, J.), dated November 10, 2004, which denied, without prejudice to renewal, his motion for summary judgment on the issue of liability against the defendant Rosalie Barba.

Ordered that the order is affirmed, with costs.

To establish a prima facie case in an action to foreclose a mortgage, the plaintiff must establish the existence of the mortgage and mortgage note, ownership of the mortgage, and the defendant’s default in payment *(see Household Fin. Realty Corp. of N.Y. v Winn,*19 AD3d 545 [2005]; *Sears Mtge. Corp. v Yaghobi,*19 AD3d 402 [2005]; *Ocwen Fed. Bank FSB v Miller,*18 AD3d 527 [2005]; *US. Bank Trust N.A. Trustee v Butti,*16 AD3d 408 [2005]). Here, the plaintiff established his prima facie entitlement to judgment as a matter of law. However, in opposition, the defendant Rosalie Barba raised a triable issue of fact. S. Miller, J.P., Krausman, Rivera and Covello, JJ., concur.