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

Appellate Division, Fourth Judicial Department

508 

KA 15-00422 

PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, DEJOSEPH, AND NEMOYER, JJ. 

 

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, 

V MEMORANDUM AND ORDER

CAMMESOA M. WILLIAMS, DEFENDANT-APPELLANT. 

 

DAVID J. FARRUGIA, PUBLIC DEFENDER, LOCKPORT (JOSEPH G. FRAZIER OF

COUNSEL), FOR DEFENDANT-APPELLANT. 

NIAGARA COUNTY DISTRICT ATTORNEY’S OFFICE, LOCKPORT (LAURA T. BITTNER

OF COUNSEL), FOR RESPONDENT. 

 

Appeal from a judgment of the Niagara County Court (Matthew J.

Murphy, III, J.), rendered December 10, 2014. The judgment revoked

defendant’s sentence of probation and imposed a sentence of

imprisonment. 

It is hereby ORDERED that the judgment so appealed from is

unanimously affirmed. 

Memorandum: Defendant appeals from a judgment revoking the

sentence of probation previously imposed upon her conviction of

attempted criminal possession of a weapon in the second degree (Penal

Law §§ 110.00, 265.03 [3]) and imposing a determinate term of

imprisonment, followed by a period of postrelease supervision. 

Defendant failed to preserve for our review her contention that her

admission to the probation violations was not voluntary inasmuch as

she failed “to move to withdraw [her] admission . . . or to vacate the

judgment revoking the sentence of probation on that ground” (People v

Rodriguez, 74 AD3d 1858, 1859, lv denied 15 NY3d 809; see People v

Carlisle, 120 AD3d 1607, 1607, lv denied 24 NY3d 1082; see generally

People v Lopez, 71 NY2d 662, 665-666). This case does not fall within

the narrow exception to the preservation doctrine (see Lopez, 71 NY2d

at 666), and we decline to exercise our power to review defendant’s

contention as a matter of discretion in the interest of justice (see

CPL 470.15 [3] [c]).

Contrary to defendant’s further contention, in light of her

numerous admitted violations, we conclude that the court did not abuse

its discretion in revoking the sentence of probation and imposing a

term of imprisonment followed by a period of postrelease supervision

(see e.g. People v White, 75 AD3d 1003, 1003-1004, lv denied 15 NY3d

956). Although we agree with defendant that her waiver of the right

to appeal encompasses the sentence of probation but does not encompass
-2- 508 

KA 15-00422 

her challenge to the sentence imposed following her violations of

probation (see People v Johnson, 77 AD3d 1441, 1442, lv denied 15 NY3d

953; People v Dexter, 71 AD3d 1504, 1504-1505, lv denied 14 NY3d 887),

we nevertheless reject her contention that the sentence is unduly

harsh and severe. We perceive no basis upon which to modify the

sentence as a matter of discretion in the interest of justice (see CPL

470.15 [6] [b]; see generally People v Handley, 134 AD3d 1509, 1510).

Entered: June 17, 2016 Frances E. Cafarell

Clerk of the Court
**Exhibit 32.2**
**CERTIFICATION OF CHIEF FINANCIAL OFFICER**
     **Pursuant to § 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350)**
     I, Eric P. Graap, as Senior Vice President and Chief Financial Officer of FauquierBankshares, Inc., certify that, to the best of my knowledge and belief, the QuarterlyReport on Form 10-Q for the period ended March 31, 2005, which accompanies thiscertification fully complies with the requirements of Section 13(a) of the SecuritiesExchange Act of 1934 and the information contained in the periodic report fairly presents,in all material respects, the financial condition and results of operations of FauquierBankshares, Inc. at the dates and for the periods indicated. The foregoing certificationis made pursuant to § 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350) and shallnot be relied upon for any other purpose. The undersigned expressly disclaims anyobligation to update the foregoing certification except as required by law.       Date: May 13, 2005   /s/ Eric P. Graap                Eric P. Graap    Senior Vice President and Chief Financial Officer
§ 13.1 General. ( a ) A person must obtain a valid permit before commencing an activity for which a permit is required by this subchapter, except as provided in § 23.53 of this subchapter for retrospective permits for certain CITES shipments under very specific situations.
( b ) A person must apply for such a permit under the general permit procedures of this part and any other regulations in this subchapter that apply to the proposed activity. ( 1 ) The requirements of all applicable parts of this subchapter must be met.
( 2 ) A person may submit one application that includes the information required in each part of this subchapter, and a single permit will be issued if appropriate.
[72 FR 48445, Aug. 23, 2007]
EXHIBIT 31.2

                            CERTIFICATION PURSUANT TO
                                 RULE 13a-14(a)

I, Robert J. Wood, Chief Financial Officer of Biophan Technologies, Inc. (the
"registrant"), certify that:

1. I have reviewed this quarterly report on Form 10-Q of Biophan Technologies,
Inc.;

2. Based on my knowledge, this report does not contain any untrue statement of a
material fact or omit to state a material fact necessary to make the statements
made, in light of the circumstances under which such statements were made, not
misleading with respect to the period covered by this report;

3. Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material respects the
financial condition, results of operations and cash flows of the registrant as
of, and for, the periods presented in this report;

4. The registrant's other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-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 our supervision, to ensure that
material information relating to the registrant, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly
during the period in which this report is being prepared;

b. evaluated the effectiveness of the registrant's disclosure controls and
procedures and presented in this report our conclusions 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 registrant's internal control over
financial reporting that occurred during the registrant's most recent fiscal
quarter (the registrant's fourth fiscal quarter in the case of an annual report)
that has materially affected, or is reasonably likely to materially affect, the
registrant's internal control over financial reporting; and

5. The registrant's other certifying officer and I have disclosed, based on our
most recent evaluation of internal control over financial reporting, to the
registrant's auditors and the audit committee of the registrant's board of
directors (or persons performing the equivalent functions):

a. all significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably
likely to adversely affect the registrant's ability to record, process,
summarize and report financial information; and

b. any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrant's internal control over
financial reporting.


Date: July 19, 2005

By: /s/ Robert J. Wood
----------------------------------------
Name:   Robert J. Wood
Title:  Chief Financial Officer
#### § 665.123 Relation to other laws.

To ensure consistency between the management regimes of different Federal agencies with shared management responsibilities of fishery resources within the American Samoa fishery management area, fishing for American Samoa coral reef ECS is not allowed within the boundary of a National Wildlife Refuge unless specifically authorized by the USFWS, regardless of whether that refuge was established by action of the President or the Secretary of the Interior.

[84 FR 2770, Feb. 8, 2019]
#### § 1004.20 Right of way.

An operator of a motor vehicle shall yield the right of way to pedestrians, saddle and pack animals and vehicles drawn by animals. Failure to yield the right of way is prohibited.
Editorial Note on Part 622
Editorial Note: Nomenclature changes to part 622 appear at 79 FR 57837, Sept. 26, 2014 and at 81 FR 32253, May 23, 2016.

§ 622.52 At-sea observer coverage. ( a ) *Required coverage.* A vessel for which a Federal commercial vessel permit for Gulf shrimp has been issued must carry a NMFS-approved observer, if the vessel's trip is selected by the SRD for observer coverage. Vessel permit renewal is contingent upon compliance with this paragraph (a).
( b ) *Notification to the SRD.* When observer coverage is required, an owner or operator must advise the SRD in writing not less than 5 days in advance of each trip of the following: ( 1 ) Departure information (port, dock, date, and time).
( 2 ) Expected landing information (port, dock, and date).
( c ) *Observer accommodations and access.* An owner or operator of a vessel on which a NMFS-approved observer is embarked must: ( 1 ) Provide accommodations and food that are equivalent to those provided to the crew.
( 2 ) Allow the observer access to and use of the vessel's communications equipment and personnel upon request for the transmission and receipt of messages related to the observer's duties.
( 3 ) Allow the observer access to and use of the vessel's navigation equipment and personnel upon request to determine the vessel's position.
( 4 ) Allow the observer free and unobstructed access to the vessel's bridge, working decks, holding bins, weight scales, holds, and any other space used to hold, process, weigh, or store fish.
( 5 ) Allow the observer to inspect and copy the vessel's log, communications logs, and any records associated with the catch and distribution of fish for that trip.
#### § 90.17 Compliance with other regulations.

Nothing in this subpart shall be construed to supersede or modify any regulations relating to the hunting of migratory game birds, nor to permit the transportation, installation or use of grain contrary to any applicable Federal, State, or local laws or regulations.
#### § 51.691 Standard pack.

(a) Fruit shall be fairly uniform in size. When packed in approved containers, fruit shall be arranged according to approved and recognized methods.

(b) “Fairly uniform in size” means that not more than 10 percent of fruit in any lot, and not more than double that amount in any sample, are outside the ranges of diameters given in Table 1.

Table 1 to [§ 51.691](/on/2024-09-20/title-7/section-51.691) Paragraph (b)—7/10 Bushel Carton

| Pack size/Number of oranges | Diameter in inches | |
| --- | --- | --- |
| Minimum | Maximum |
| 24 | 3-12/16 | 5-1/16 |
| 32 | 3-6/16 | 4-9/16 |
| 36 | 3-4/16 | 4-6/16 |
| 40 | 3-2/16 | 4-4/16 |
| 48 | 2-15/16 | 4 |
| 56 | 2-13/16 | 3-13/16 |
| 64 | 2-11/16 | 3-10/16 |
| 72 | 2-9/16 | 3-8/16 |
| 88 | 2-8/16 | 3-4/16 |
| 113 | 2-7/16 | 3 |
| 138 | 2-6/16 | 2-12/16 |
| 163 | 2-3/16 | 2-8/16 |

(c) In order to allow for variations, other than sizing, incident to proper packing, not more than 5 percent of the packages in any lot may fail to meet the requirements of standard pack.

[[85 FR 68427](https://www.federalregister.gov/citation/85-FR-68427), Oct. 29, 2020]
§ 86.90 How much must an operator of a BIG-funded facility charge for using the facility? ( a ) An operator of a BIG-funded facility must charge reasonable fees for using the facility based on prevailing rates at other publicly and privately owned local facilities similarly situated and offering a similar service or amenity.
( b ) If other publicly and privately owned local facilities offer BIG-funded services or amenities free of charge, then a fee is not required.
( c ) If the BIG-funded facility has a State or locally imposed fee structure, we will accept the mandated fee structure if it is reasonable and does not impose an undue burden on eligible users.
( d ) You must state proposed fees and the basis for the fees in your grant application. The information you give may be in any format that clearly shows how you arrived at an equitable amount.
EXHIBIT 32.1

                            CERTIFICATION PURSUANT TO
                               18 U.S.C. SS. 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Innovative Software Technologies, Inc
(the "Company") on Form 10-QSB for the period ending June 30, 2004, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Peter M. Peterson, Chief Executive Officer of the Company, certify, pursuant
to 18 U.S.C. ss. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that, to the best of my knowledge and belief:

      (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 result of operations
            of the Company.


/s/ Peter M. Peterson
-----------------------
Peter M. Peterson
Chief Executive Officer
August 23, 2004
I

103D CONGRESS

2D SESSION H. R. 5287

Relating to the tariff treatment of pharmaceutical grade phospholipids.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 7, 1994

Mr. VALENTINE introduced the following bill; which was referred to the

Committee on Ways and Means

A BILL

Relating to the tariff treatment of pharmaceutical grade

phospholipids.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. PHARMACEUTICAL GRADE PHOSPHOLIPIDS.

4 (a) NEW ENTRIES.—With respect to eligible goods

5 entered, or withdrawn from warehouse for consumption,

6 on or after the 15th day after the date of the enactment

7 of this Act, and before January 1, 1995, such goods shall

8 be liquidated as if chapter 29 of the Harmonized Tariff

9 Schedule of the United States were amended by striking

10 subheading 2923.20.00 and inserting the following new

11 subheadings, with the superior text having the same de-
2

•HR 5287 IH

1 gree of indentation as the article description for sub2 heading 2923.10.00:

‘‘ Lecithins and other phosphoaminolipids:

2923.20.10 Egg phospholipids, pharmaceutical grade meeting

requirements of the United States Food and Drug

Administration for use in

intravenous fat emulsions 1.5% Free

(A,E,IL,J,MX)

0.8% (CA)

10%

2923.20.20 Other ............................... 2.2¢/kg. +

4.5%

Free

(A*,E,IL,J,MX)

.8¢/kg. + 1.8%

(CA)

16.5¢/kg. +

30%

’’.

3 (b) ELIGIBLE GOODS.—For purposes of this Act, the

4 term ‘‘eligible goods’’ means goods described in sub5 heading 2923.20.10 of the Harmonized Tariff Schedule of

6 the United States, as set forth in the amendment de7 scribed in subsection (a).

8 SEC. 2. RETROACTIVE APPLICATION.

9 Notwithstanding section 514 of the Tariff Act of

10 1930 or any other provision of law, upon proper request

11 filed with the Customs Service before the 90th day after

12 the date of the enactment of this Act, any entry of eligible

13 goods—

14 (1) that was made after March 29, 1991, and

15 before the 15th day after the date of the enactment

16 of this Act, and

17 (2) with respect to which there would have been

18 a lesser duty if the amendment described in section

19 1 applied to such entry,
3

•HR 5287 IH

1 shall be liquidated or reliquidated as if such amendment

2 applied to such entry.

Æ
[Federal Register Volume 71, Number 185 (Monday, September 25, 2006)]
[Notices]
[Page 55774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8129]


========================================================================
Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

========================================================================


Federal Register / Vol. 71, No. 185 / Monday, September 25, 2006 / 
Notices

[[Page 55774]]



DEPARTMENT OF AGRICULTURE

Forest Service


Ouachita-Ozark Resource Advisory Committee

AGENCY: Forest Service, USDA.

ACTION: Meeting notice for the Ouachita-Ozark Resource Advisory 
Committee under Section 205 of the Secure Rural Schools and Community 
Self Determination Act of 2000 (Pub. L. 106-393).

-----------------------------------------------------------------------

SUMMARY: This notice is published in accordance with section 10(a)(2) 
of the Federal Advisory Committee Act. Meeting notice is hereby given 
for the Ouachita-Ozark Resource Advisory Committee pursuant to section 
205 of the Secure Rural Schools and Community Self Determination Act of 
2000, Public Law 106-393. Topics to be discussed include: General 
information, proposed new Title II projects, updates on current or 
completed Title II projects, renewal of committee member terms and 
committee member recruitment needs and, if appropriate, next meeting 
date and agenda.

DATES: The meeting will be held on September 28, 2006, beginning at 6 
p.m. and ending at approximately 9 p.m.

ADDRESSES: The meeting will be held at the Scott County Courthouse, 100 
W. First Street, Waldron, AR 71958.

FOR FURTHER INFORMATION CONTACT: Caroline Mitchell, Committee 
Coordinator, USDA, Ouachita National Forest, P.O. Box 1270, Hot 
Springs, AR 71902 (501-321-5318).

SUPPLEMENTARY INFORMATION: The meeting is open to the public Committee 
discussion is limited to Forest Service Staff, Committee members, and 
elected officials. However, persons who wish to bring matters to the 
attention of the Committee may file written statements with the 
Committee staff before or after the meeting. Individuals wishing to 
speak or propose agenda items must send their names and proposals to 
Bill Pell, DFO, P.O. Box 1270, Hot Springs, AR 71902

    Dated: September 12, 2006.
Caroline Mitchell,
Committee Coordinator.
[FR Doc. 06-8129 Filed 9-22-06; 8:45 am]
BILLING CODE 3410-52-M
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 Defense

###### Office of the Secretary

# AGENCY:

Department of Defense.

# ACTION:

Notice of Advisory Committee Meetings. 

# SUMMARY:

                        The Defense Science Board Task Force on Energy Strategy will meet in closed session on                         *October 6, 2006; November 29, 2006; and December 14, 2006;*                         at Science Applications International Corporation (SAIC); 8301 Greensboro Drive, McLean, VA. This meeting will specifically identify strategic transition-opportunities inherently offered by technologies that have implications for energy and their systemic second- and third-order effects. The briefings will contain proprietary material from the private business sector.                    

The mission of the Defense Science Board is to advise the Secretary of Defense and the Under Secretary of Defense for Acquisition, Technology & Logistics on scientific and technical matters as they affect the perceived needs of the Department of Defense. At these meetings, the Defense Science Board Task Force will: identify DoD operational and strategic constraints and vulnerabilities created by optimizing tactical platforms and capabilities without regard to energy usage; programs and means for the DoD to reduce its energy demand, particularly on petroleum-based fuels; and examine implications of alternative.

In accordance with Section 10(d) of the Federal Advisory Committee Act, P.L. No. 92-463, as amended (5 U.S.C. App. II), it has been determined that these Defense Science Board Task Force meetings concern matters listed in 5 U.S.C. 552b(c)(4) and that, accordingly, the meetings will be closed to the public.

# FOR FURTHER INFORMATION CONTACT:

                        Major Chad Lominac, USAF, Defense Science Board, 3140 Defense Pentagon, Room 3C553, Washington, DC 20301-3140, via e-mail at                         *charles.lominac@osd.mil,*                         or via phone at (703) 571-0081.                    

Dated: September 25, 2006.

C.R. Choate,

Alternate OSD Federal Register Liaison Officer, Department of Defense.

[FR Doc. 06-8362 Filed 9-28-06; 8:45 am]

BILLING CODE 5001-06-M
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion

should not be published and is not precedent except under the limited

circumstances set forth in 5TH CIR. R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 07-51426

Conference Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

DANIEL HERNANDEZ-HERNANDEZ

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 3:07-CR-1591-ALL

Before KING, HIGGINBOTHAM, and SOUTHWICK, Circuit Judges.

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Daniel HernandezHernandez raises arguments that are foreclosed by United States v. Slaughter,

238 F.3d 580, 582-84 (5th Cir. 2000), which held that Apprendi v. New Jersey,

530 U.S. 466 (2000), did not render 21 U.S.C. § 960(b) unconstitutional on its

face. The Government’s motion for summary affirmance is GRANTED, and the

judgment of the district court is AFFIRMED.

United States Court of Appeals

Fifth Circuit

F I L E D

June 4, 2008

Charles R. Fulbruge III

Clerk
§ 600.758 Preparation of report. ( a ) At the conclusion of the negotiations, an FNP may submit a report. Such report shall specify: ( 1 ) All the areas where consensus was reached by the FNP, including, if appropriate, proposed conservation and management measures.
( 2 ) Any other information submitted by members of the FNP.
( b ) Upon receipt of the report, the Council or NMFS shall publish such report in the Federal Register for public comment.
Order filed March 13, 2014.

In The 

## Fourteenth Court of Appeals

____________ NO. 14

- 13

- 01145

- CV

____________ KATRINA HUDSON , Appellant

V.
SENIOR LIVING PROPER TIES, LLC, Appellee

On Appeal from the 412th District Court Brazoria County, Texas Trial Court Cause No. 71927



### O R D E R
Appellant’ s brief was due March 5, 2014

. No brief or motion for extension
of time has been filed.
Unless appellant submits a brief to the clerk of this court on or before April 11, 2014 , the court will dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3(b).

PER CURIAM