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

[633 NYS2d 652]

—Mikoll, J.

Appeal from a judgment of the County Court of Schenectady County (Harrigan, J.), rendered November 7, 1994, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the fifth degree.

On October 5, 1994, two accusatory instruments were filed against defendant; one charging him with criminal sale of a controlled substance in the third degree and the other charging him with criminal possession of a weapon in the third degree. After waiving indictment, defendant entered a plea of guilty to a single charge of criminal sale of a controlled substance in the fifth degree (Penal Law § 220.31) contained in a superior court information. On appeal, defendant contends that the superior court information was jurisdictionally defective because the waiver of indictment *{see,*CPL 195.20) states that defendant will be charged with criminal *possession*of a *744controlled substance in the fifth degree instead of criminal *sale*of a controlled substance in the fifth degree.

Our review of the record supports the People’s position that this variation was solely due to a typographical error in the waiver of indictment and defendant was on notice of the true crime to be charged *(cf., People v Ray,*71 NY2d 849, 850). Significantly, the waiver of indictment specifically refers to Penal Law § 220.31, the correct numeric citation for criminal sale of a controlled substance in the fifth degree. Thus, both the waiver of indictment and superior court information both correctly allege a violation of Penal Law § 220.31. Notably, although the wrong statutory provision was mentioned early in the arraignment proceedings before County Court, defendant was thereafter specifically told by the court that he was being charged with criminal sale of a controlled substance in the fifth degree. Moreover, although his attorney asked that the superior court information be amended to reflect the correct date, no mention was made of any error in the actual crime charged. Accordingly, we conclude that any error made was purely ministerial and nonprejudicial to defendant.

Cardona, P. J., Crew III, White and Yesawich Jr., JJ., concur. Ordered that the judgment is affirmed.
#### Barbarer M. Fancher *v.*Oliver Brewster.

Judgment affirmed, with costs, and appeal dismissed for non-submission of papers.
# C_2007202EN.01000601.xml

| 30.8.2007 | EN | Official Journal of the European Union | C 202/6 |
| --- | --- | --- | --- |

30.8.2007

EN

Official Journal of the European Union

C 202/6

---

Notice concerning a request in accordance with Article 30 of Directive 2004/17/EC of the European Parliament and of the Council — Extension of the period

Request made on behalf of a Member State

(2007/C 202/05)

On 29 June 2007 the Commission received a request in accordance with Article 30(4) of Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (1).

1

This request, which comes from the Kingdom of Sweden, concerns the production and sale of electricity in that country. The request was published in OJ C 159, 12.7.2007, p. 17. The initial period expires on 2 October 2007.

Given that the Commission departments need to obtain and examine further information and in compliance with the provisions laid down in the third sentence of Article 30(6), the period within which the Commission must take a decision on this request is extended by one month.

The final period will therefore expire on 2 November 2007.

---

(1)  OJ L 134, 30.4.2004, p. 1.

1

---
<TABLE> <S> <C>


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<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                              DEC-31-1999
<PERIOD-END>                                   DEC-31-1999
<CASH>                                         404
<SECURITIES>                                   0
<RECEIVABLES>                                  0
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               407
<PP&E>                                         0
<DEPRECIATION>                                 0
<TOTAL-ASSETS>                                 1154
<CURRENT-LIABILITIES>                          0
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       660
<OTHER-SE>                                     494
<TOTAL-LIABILITY-AND-EQUITY>                   1154
<SALES>                                        0
<TOTAL-REVENUES>                               0
<CGS>                                          0
<TOTAL-COSTS>                                  0
<OTHER-EXPENSES>                               161
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                (161)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (161)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (161)
<EPS-BASIC>                                  (.0)
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</TABLE>
Exhibit 32.2

CERTIFICATIONPURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TO SECTION 906OF THE SARBANES-OXLEY ACT OF 2002

Inconnection with the Quarterly Report of East Coast Diversified Corporation (the“Company”) on Form 10-QSB for the period ending October 31, 2004 (the“Report”), as filed with the Securities and Exchange Commission on the datehereof, I, Frank Rovito, Chief Financial Officer of the Company, certify, pursuant to 18U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,that:

1. TheReport fully complies with the requirements of section 13(a) or 15(d) of the SecuritiesExchange Act of 1934, as amended; and

2. Theinformation contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 

/s/ Frank Rovito

Frank RovitoChief Financial OfficerDated: May 4, 2005

A signed original of this writtenstatement required by Section 906 has been provided to East Coast Diversified Corporationand will be retained by East Coast Diversified Corporation and furnished to the Securitiesand Exchange Commission or its staff upon request.
EXHIBIT 32.1

          CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL
             OFFICER PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED
            PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Ari Bass, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the  Sarbanes-Oxley  Act of 2002,  that the Annual Report of Pop3
Media Corp. on Form 10-KSB for the fiscal year ended June 30,2005 fully complies
with the  requirements of Section 13(a) or 15(d) of the Securities  Exchange Act
of 1934 and that  information  contained  in such  Annual  Report on Form 10-KSB
fairly presents in all material respects the financial  condition and results of
operations of Pop3 Media Corp.

Dated:   November 16, 2005                 By: /s/ Ari Bass
                                           ---------------------------------
                                           Ari Bass
                                           President and Chief Executive Officer

     A signed  original of this  written  statement  required by Section 906 has
been provided to Pop3 Media Corp.  and will be retained by Pop3 Media Corp.  and
furnished to the Securities and Exchange Commission or its staff upon request.
6761

#### BLACK v. SOUTHERN COTTON OIL CO.

Negligence — Wantonness.—There is no evidence in this case tending to show that any negligence or wantonness in the use of, or any negligence in the construction of the steam pipes from which plaintiffs mules took fright, ran away and injured him, proximately caused his injury.

Before Gage, J., Orangeburg,

March, 1907.

Affirmed.

*165Action by John S. Black against Southern Cotton Oil Company. From judgment on nonsuit, plaintiff appeals.

*Mr. Jas. F.*Izlar, for appellant,

cites: 2 Gra. & Wat. on New Trial, 32-50; 57 S. C., 296; 58 S. G, 222; 55 S. G, 389; 6 L. R. A., 150; 52 S. C., 323; 49 Am. R., 611; 6 Am. & Eng. R. R. Cas., 41; 34 S. C., 211; 41 S. C., 1, 440; 29 S. G, 152.

*Messrs. Raysor & Summers,*contra,

cite: 77 S'. C., 343.

February 24, 1908.

The opinion of the Court was delivered by

Mr. Justice Jones.

This appeal isi from an order of nonsuit. The suit was for personal injury alleged to have been sustained to plaintiff through the negligence and wantonnesH of the defendant.

The evidence tended to show that on the 17th day of January, 1906, the plaintiff went on the premises of the defendant with a wagon drawn by two mules, for the purpose of procuring cotton-seed meal from the defendant; that finding the regular entrance to the seed-house blocked by numerous other wagons, there for the purpose of buying ootton-seed meal or exchanging cotton seed therefor, plaintiff went through another gate leading by the ginnery, the steam-exhaust pipe of which had its vent some twenty feet above the ground -and projected toward or over the way of the ginnery. The steam, as it escaped through the exhaust pipe, at intervals, made a iconsiderable noise, such as had been customary since the installment of the plant. The plaintiff was aware of the location of the exhaust pipe and he knew his mules were frightened on account of the venting steam, but, nevertheless, went by way of the ginnery expecting to get by the exhaust pipe during the interval when the steam was not escaping As he went by, the mules became more frightened by reason of the noise of the escaping steam, ran away and threw plaintiff out and injured one of his hands. There was no evidence' that the machinery was *166defective or improperly located nor that it was negligently or recklessly operated, nor that defendant had any reasonable .ground) to believe that plaintiff would on entering the yard attempt to go near the exhaust pipe.

W'e .agree with the Circuit 'Court, that there was no evidence whatever that any negligence or wantonness of defendant proximately caused the plaintiff’s -injury.

The judgment of the Circuit 'Court is affirmed.
# C_2008162EN.01007901.xml

| 25.6.2008 | EN | Official Journal of the European Union | C 162/79 |
| --- | --- | --- | --- |

25.6.2008

EN

Official Journal of the European Union

C 162/79

---

Opinion of the European Economic and Social Committee on the Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 460/2004 establishing the European Network and Information Security Agency as regards its duration

COM(2007) 861 final — 2007/0291 (COD)

(2008/C 162/15)

On 24 January 2008 the Council decided to consult the European Economic and Social Committee, under Article 95 of the Treaty establishing the European Community, on the

Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 460/2004 establishing the European Network and Information Security Agency as regards its duration

Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 460/2004 establishing the European Network and Information Security Agency as regards its duration

Since the Committee unreservedly endorses the proposal and feels that it requires no comment on its part, it decided, at its 442nd plenary session of 13 and 14 February 2008 (meeting of 13 February 2008), by 134 votes to 3 with 2 abstentions, to issue an opinion endorsing the proposed text.

Brussels, 13 February 2008.

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS

---
EXHIBIT32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANTTO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C.1350)

In connection with the Quarterly Report on Form10-Q for the period ended MARCH 31, 2005 (the"Report") of TECHNOLOGY INVESTMENT CAPITALCORP. (the "Registrant"), as filed with theSecurities and Exchange Commission on the date hereof, I, JONATHAN H.COHEN, the Chief Executive Officer of the Registrant, hereby certify,to the best of my knowledge, that:

(1) The Report fully complieswith the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934, as amended; and

(2) The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Registrant.

|  | /s/ Jonathan H.Cohen             Name: Jonathan H. Cohen Date:May 9, 2005 |
|--|---------------------------------------------------------------------------------------------------------------------------------------|

----
II 

118TH CONGRESS 

2D SESSION S. 5009 

To provide for the treatment of the Association of Southeast Asian Nations 

as an international organization for purposes of the International Organizations Immunities Act, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 10, 2024 

Ms. DUCKWORTH introduced the following bill; which was read twice and 

referred to the Committee on Foreign Relations 

A BILL 

To provide for the treatment of the Association of Southeast 

Asian Nations as an international organization for purposes of the International Organizations Immunities Act, 

and for other purposes. 

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

3 SECTION 1. SHORT TITLES. 

4 This Act may be cited as the ‘‘Providing Appropriate 

5 Recognition and Treatment Needed to Enhance Relations 

6 with ASEAN Act’’ or the ‘‘PARTNER with ASEAN Act’’. 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•S 5009 IS

1 SEC. 2. EXTENSION TO THE ASSOCIATION OF SOUTHEAST 

2 ASIAN NATIONS. 

3 The provisions of the International Organizations Im4 munities Act (22 U.S.C. 288 et seq.) may be extended to 

5 the Association of Southeast Asian Nations in the same 

6 manner, to the same extent, and subject to the same con7 ditions as such provisions may be extended to a public 

8 international organization in which the United States par9 ticipates pursuant to any treaty or under the authority 

10 of any Act of Congress authorizing such participation or 

11 making an appropriation for such participation. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS
**Exhibit 31.2**

 

**CFO CERTIFICATION**

 

I, Adam Chibib, certify that: 

 

1. I have reviewed this annual report on Form 10-K/A of TippingPoint Technologies, Inc.; 

 

2. Based on my knowledge, this annual report does not contain any untrue statement of a material fact or omit to state amaterial 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 annual report; 

 

3. Based on my knowledge, the financial statements, and other financialinformation included in this annual 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 annual report; 

 

4. The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the registrant and have: 

 

(a) designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensurethat 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 annual report is being prepared; 

 

(b) evaluated the effectiveness of the registrant’s disclosure controlsand procedures and presented in this annual report our conclusions about the effectiveness of the disclosure controls and procedures as of the end of the period covered by this annual report based on such evaluation; and 

 

(c) disclosed in this annual report any change in the registrant’sinternal control over financial reporting that occurred during the registrant’s fourth fiscal quarter 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 Ihave disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant’s auditors and the audit committee of registrant’s board of directors (or persons performing the equivalent functions):

 

(a) all significant deficiencies and material weaknesses inthe design or operation of internal controls 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 otheremployees who have a significant role in the registrant’s internal controls over financial reporting. 

 

Date: June 3, 2004
# C_2007231EN.01000601.xml

| 3.10.2007 | EN | Official Journal of the European Union | C 231/6 |
| --- | --- | --- | --- |

3.10.2007

EN

Official Journal of the European Union

C 231/6

---

Publication of the final accounts for the financial year 2006

(2007/C 231/07)

The complete version of the final accounts may be found at the following address:

http://www.eda.europa.eu/finance

---
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**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

 

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350 of Chapter 63 of Title 18 of the United States Code), I, Michael J. Ricketts, Senior Vice President and Chief Financial Officer of Cano Petroleum, Inc. (the “Company”), certify that the Company’s Quarterly Report on Form 10-Q for the period ended December 31, 2010, as amended (the “Form 10-Q”), fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.

 
| Date:      March   9, 2011 | /s/   Michael J. Ricketts                           |
|----------------------------------------------------------|-----------------------------------------------------|
|                                                     |                                                |
|                                                     | Michael   J. Ricketts                               |
|                                                     | Senior   Vice President and Chief Financial Officer |

 

----
In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

______________________________

No. 06-08-00139-CR

______________________________

JESSIE RUIZ, Appellant

V.

THE STATE OF TEXAS, Appellee

 

On Appeal from the Criminal District Court #4

Dallas County, Texas

Trial Court No. F07-24603-K

 

Before Morriss, C.J., Carter and Moseley, JJ.

Memorandum Opinion by Justice Moseley
The conviction having been in Dallas County, this case was originally appealed to the Fifth 1

Court of Appeals and was then transferred to this Court by the Texas Supreme Court pursuant to its

docket equalization efforts. See TEX. GOV'T CODE ANN. § 73.001 (Vernon 2005). We are unaware

of any conflict between precedent of the Fifth Court of Appeals and that of this Court on any relevant

issue. See TEX. R. APP. P. 41.3.

Ruiz appeals from six convictions. In cause number 06-08-00136-CR, he appeals a 2

conviction for possession of methamphetamine in an amount between four and 200 grams, with

intent to deliver, for which he received twenty years' and four months' imprisonment. In cause

numbers 06-08-00137-CR and 06-08-00138-CR, he appeals convictions for possession of marihuana

in an amount between four ounces and five pounds, and possession of less than one gram of cocaine,

respectively. In these two cases, Ruiz was sentenced to two years' imprisonment in a state-jail

facility, to run concurrently. Ruiz also appeals his conviction in cause number 06-08-00140-CR of

possession of methamphetamine in an amount between one and four grams. Ruiz was sentenced in

this case to five years' imprisonment, to run concurrently. Finally, in cause number 06-08-00141-

CR, Ruiz was convicted of attempting to take a weapon from a police officer, for which he received

two years' imprisonment in a state-jail facility, to run concurrently, and was assessed a $2,000.00

fine. 

2

MEMORANDUM OPINION

Jessie Ruiz appeals from his conviction in Dallas County for evading arrest. After pleading 1

guilty, the jury assessed his punishment at two years' imprisonment in a state-jail facility. Ruiz

presently has five other convictions currently on appeal before this Court.2

On appeal, Ruiz contends that his appointed counsel's failure to object when the State

explained parole law, mentioned plea bargaining, and allegedly interjected new evidence during

closing arguments in the punishment phase amounted to ineffective assistance of counsel.

We addressed this issue in detail in our opinion of this date on Ruiz's appeal in cause number

06-08-00136-CR. For the reasons stated therein, we likewise conclude that ineffective assistance

of counsel has not been shown.
3

We affirm the judgment. 

Bailey C. Moseley

Justice

Date Submitted: January 5, 2009

Date Decided: January 8, 2009

Do Not Publish