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

Supreme Court, Appellate Term, Second Department,

July 27, 1978

APPEARANCES OF COUNSEL

*Richard T. Monahan*and *Joseph Lite*for appellant. *Patrick*Henry, *District Attorney (Ronald E. Lipetz*of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

Order is unanimously reversed, on the law, the motion to vacate the judgment of conviction is granted and complaint is dismissed.

Defendant was convicted of violating section 1 of article V *61of the Code of Ordinances of the Village of Ocean Beach, Fire Island, New York, which prohibited the landing of excursion boats or passengers therefrom *(People v Federico,*88 Misc 2d 32, affd 91 Misc 2d 131). Defendant then moved in the court below to vacate the judgment pursuant to CPL 440.10 (subd 1, par [h]), on the ground that the judgment was obtained in violation of defendant’s constitutional rights. This court granted leave to appeal from the denial of the motion.

Generally, under its police power, the State and its political subdivisions can establish regulations designed to preserve the public health, safety, morals or to promote the general welfare (9 NY Jur, Constitutional Law, § 143 *et seq.).*However, a sharp distinction is made between those which ban activities completely and those which merely impose certain limitations on activities (see 9 NY Jur, § 196; cf. 1 Anderson, NY Zoning Law and Practice [2d ed], § 8.10). Generally, the defect in a prohibitory ordinance is its lack of reasonable relationship to the valid exercise of police power *(People v Scott,*26 NY2d 286, 292). This is not to say that a prohibition is never permitted. However, in order to sustain a complete prohibition, there must be a showing that the abuses associated with the act prohibited are general and difficult to control by regulation and they cause or threaten an injury to the public which is so serious that the municipality might reasonably believe it outweighs the harm that would be caused to some by complete prohibition (see 9 NY Jur, § 196).

Here, the ordinance in question, as it existed at the time of the offense, absolutely banned the landing of excursion boats or their passengers in the Village of Ocean Beach. It is our opinion that the ordinance was therefore unconstitutional (cf. *Mills v Fremd,*213 App Div 742).

Concur: Glickman, Pittoni and Gagliardi, JJ.
#### The People of the State of New York, Respondent, v Darren Breeden, Appellant.

[633 NYS2d 366]

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Sherman, J.), rendered September 30, 1992, convicting him of murder in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

After the defendant entered his plea of guilty, he made a written motion to withdraw the plea based, *inter alia,*on the claim that his attorney had coerced him into pleading guilty. Under these circumstances, where the claim of coercion was directly belied by the record, it was not an improvident exercise of the court’s discretion to deny the motion without an evidentiary hearing insofar as it was predicated on a claim of coercion *(see, People v Frederick,*45 NY2d 520, 524-525; *People v Tinsley,*35 NY2d 926, 927).

The remaining contentions which have been raised by the appellant *pro se*are either unpreserved for appellate review *(see,*CPL 470.05 [2]) or without merit. Balletta, J. P., Pizzuto, Joy and Altman, JJ., concur.
#### UNITED STATES, Appellee v CURTIS GRAHAM, JR., Airman Third Class, and HERMAN WHITE, Airman Second Class, U. S. Air Force, Appellant

10 USCMA 101, 27 CMR 175

No. 12,263

Decided January 2, 1959

*Lieutenant Colonel Sam F. Carter*and *Captain John H. Leonard*were on the brief for Appellant, Accused.

*Lieutenant Colonel Robert W. Michels*and *Captain La%vrence J. Gross*were on the brief for Appellee, United States.

Opinion of the Court

ROBERT E. Quinn, Chief Judge:

The accused were tried in a common trial for separate larcenies committed in the same places at the same time. No objection to a common trial was made at any time. At trial, defense counsel represented that “we felt that in the best interests of both accused . . . [the cases] should be tried” in common. Nothing in the record of trial indicates that either accused was prejudiced in any material respect by the trial in common. Under the circumstances, if there was impropriety in directing a common trial, it was waived by the accused. United States v Williams, 10 USCMA 33, 27 CMR 107.

The decision of the board of review is affirmed.

Judge LATIMER concurs.

Fekguson, Judge

(concurring):

I dissented in United States v Williams, 10 USCMA 33, 27 CMR 107, in which this Court established the law that the accused waives the error if accused’s trial counsel fails to object to a common trial.

Consequently, I concur.
No. 58117.

protests 175001-K, etc. (New York).

#### Acrow, Incorporated *v.*United States,

Opinion by

Ford, J.

In Abstract 58053, the merchandise in question was held dutiable at 15 percent under paragraph 372, as modified by T. D. 51802. It appearing that certain items of said merchandise were imported after the effective date of T. D. 52739, and since the time within which a motion for rehearing might be made had not expired, the said original decision was rewritten and corrected as follows: In accordance with stipulation of counsel that certain items of the merchandise consist of building shores the same in all material respects as those involved in Abstract 57727, the claim at 15 percent under paragraph 372, as modified by T. D. 51802, was sustained as to those marked “A” on the invoices covered by the protests listed in schedule “A.” The items marked *“A,”*covered by the protests listed in schedule “B,” were held dutiable at 13% percent under said paragraph, as modified by T. D. 52739.
EX-32
           SECTION 1350 CERTIFICATION OF JOHN FLEMING

                    SECTION 1350 CERTIFICATION

In connection with the annual report of GameZnFlix, Inc.
("Company") on Form 10-K for the year ended December 31, 2007 as
filed with the Securities and Exchange Commission ("Report"), the
undersigned, in the capacity and on the date indicated below,
hereby certifies pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002 (18 U.S.C. Section 1350) that to his knowledge:

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 results of
operations of the Company.


Dated: April 14, 2008                  /s/ John Fleming
                                       John Fleming,
                                       Chief Executive Officer
                                       (principal executive and
                                       financial officer)
#### PUBLIC SERVICE COORDINATED TRANSPORT, PETITIONER-RESPONDENT, v. SUPER SERVICE BUS CO., RESPONDENT-PETITIONER.

April 13, 1964. Denied.

See same case below: 82 *N. J. Super.*371.

*Messrs. Pincus, Shamy & Sheehan*for the petitioner.

*Mr. Richard Pryling*and *Mr. Thomas J. McQluskey*for the respondent.

On petition for certification to Superior Court, Appellate Division.
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





In connection with the Annual Report of Manhattan Scientifics, Inc. (the “Company”) on Form 10-K  for the period ended December 31, 2012 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Chris Theoharis, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:





(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 results of operations of the Company.






Date: April 1, 2013
By:
/s/ Chris TheoharisChris Theoharis(Principal Financial Officer)





A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to Manhattan Scientifics, Inc. and will be retained by Manhattan Scientifics, Inc. and furnished to the Securities and Exchange Commission or its staff upon request .
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.                  

###### National Aeronautics and Space Administration

          - [Notice 07-026] 

# AGENCY:

National Aeronautics and Space Administration. 

# ACTION:

Notice of meeting. 

# SUMMARY:

In accordance with the Federal Advisory Committee Act, Public Law 92-463, as amended, the National Aeronautics and Space Administration announces a meeting of the NASA Advisory Council. The agenda for the meeting includes updates from each of the Council committees, including discussion and deliberation of potential recommendations. The Council Committees address NASA interests in the following areas: Aeronautics, Audit and Finance, Space Exploration, Human Capital, Science, and Space Operations. 

# DATES:

Thursday, April 19, 2007, 8 a.m.-4 p.m. 

# ADDRESSES:

Seashore Ballroom, Hilton Cocoa Beach Oceanfront, 1550 N. Atlantic Avenue, Cocoa Beach, FL 32931. 

# FOR FURTHER INFORMATION CONTACT:

Mr. Christopher Blackerby, Designated Federal Official, National Aeronautics and Space Administration, Washington, DC 20546, 202/358-4688. 

# SUPPLEMENTARY INFORMATION:

The meeting will be open to the public up to the seating capacity of the room. It is imperative that the meeting be held on this date to accommodate the scheduling priorities of the key participants. 

Dated: March 19, 2007. 

P. Diane Rausch, 

Advisory Committee Management Officer, National Aeronautics and Space Administration.

 [FR Doc. E7-5388 Filed 3-23-07; 8:45 am] 

BILLING CODE 7510-13-P
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED JULY 10, 2013

NO. 03-13-00059-CR

William Dewayne Norris, Appellant

v.

The State of Texas, Appellee

APPEAL FROM 27TH DISTRICT COURT OF BELL COUNTY

BEFORE JUSTICES PURYEAR, PEMBERTON AND ROSE

MODIFIED AND, AS MODIFIED, AFFIRMED --

OPINION BY JUSTICE PEMBERTON

THIS CAUSE came on to be heard on the record of the court below, and the same being 

considered, because it is the opinion of this Court that there was error in the judgment of 

conviction, but that such error does not require the judgment be reversed: IT IS THEREFORE 

considered, adjudged and ordered that the judgment of conviction is modified to delete the 

requirement that William Dewayne Norris pay attorney’s fees after his release from 

incarceration, and we further modify the judgment of conviction to reflect that William Dewayne 

Norris pleaded “not guilty” to the charged offense. As so modified, the judgment of conviction

is affirmed. It FURTHER appearing to the Court that the appellant is indigent and unable to pay 

costs, that no adjudication as to costs is made; and that this decision be certified below for 

observance.
##### 



CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  (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 results of operations of the Company.
 /s/ Anthony J. Orlando
    
    
    
    /s/ Craig D. AboltAnthony J. Orlando
    
    
    
    Craig D. AboltChief Executive Officer and President
    
    
    
    Senior Vice President and Chief Financial OfficerAugust 3, 2006
    
    
    
    August 3, 2006
 54
Exhibit 31.3**CERTIFICATION**I, Anthony J. Orlando, certify that:1. I have reviewed this Quarterly Report on Form 10-Q of MSW Energy Finance Co., Inc.; 2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report; 3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in thisreport; 4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have: a) Designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material informationrelating to the registrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which this report is beingprepared;  b) Evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controlsand 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 financialreporting that occurred during the registrant’s most recent fiscal quarter (the registrant’sfourth fiscal quarter in the case of an annual report) that has materially affected, or isreasonably likely to materially affect, the registrant’s internal control over financialreporting; and5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors (or persons performing the equivalentfunctions): a) All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affectthe 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 havea significant role in the registrant’s internal control over financial reporting.Date: May 4, 2006         By: /s/ Anthony J. Orlando             Anthony J. Orlando      Chief Executive Officer and President
**Exhibit 23**

 

CONSENT OFINDEPENDENT****REGISTERED PUBLIC ACCOUNTING FIRM

 

Weconsent to the incorporation by reference in Registration Statements Nos.333-114926 and 333-156639 on Form S-3 and Registration Statement Nos.333-68576, 333-68578, 333-68580, 333-108210, 333-109079 and 333-142447 on Form S-8of Virginia Commerce Bancorp, Inc. and subsidiaries of our reports dated March 11,2009, relating to our audits of the consolidated financial statements andinternal control over financial reporting, which appear in the Annual Report toStockholders, which is incorporated by reference in this Annual Report on Form 10-Kof Virginia Commerce Bancorp, Inc. and subsidiaries for the year ended December 31,2008.

 

 

Winchester,Virginia

March 11,2009

 

----
[Federal Register Volume 72, Number 59 (Wednesday, March 28, 2007)]
[Notices]
[Pages 14552-14553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5664]


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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-8292-5]


Proposed CERCLA Administrative Agreement for Recovery of Response 
Costs; Denova Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for public comment.

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

SUMMARY: In accordance with Section 122(i) of the Comprehensive 
Environmental Response, Compensation, and Liability Act, as amended by 
the Superfund Amendments and Reauthorization Act (``CERCLA''), 42 
U.S.C. 9622(i), notice is hereby given of a proposed Agreement for 
Recovery of Response Costs (``Agreement,'' Region 9 Docket No. 9-2006-
0025) pursuant to Section 122(h) of CERCLA concerning the Denova 
Superfund Site, (the ``Site''), located in Rialto, California. The 
settling parties are Northrup Grumman, Lockheed Martin, the Boeing 
Company, Georgia Pacific, BNSF Railway Company, Royal Caribbean 
Cruises, JBL Inc., the Marquardt Company, Davis Wire Corp., Aerojet-
General Corp., the Department of Energy (Lawrence Livermore National 
Laboratory), the Department of Energy (Sandia National Laboratory), 
NASA, the Department of the Interior and the Navy.
    The Agreement compensates EPA and the County of San Bernardino

[[Page 14553]]

Consolidated Fire District for past response costs related to the 
removal action taken at the Site. The Agreement provides for a total 
recovery of $1,246,160. The Agreement also provides the settling 
parties with contribution protection under CERCLA section 113(f)(2) for 
response cost paid under the Agreement.
    For thirty (30) days following the date of publication of this 
Notice, the Agency will receive written comments relating to the 
proposed Agreement. The Agency's response to any comments will be 
available for public inspection at the Agency's Region IX offices, 
located at 75 Hawthorne Street, San Francisco, California 94105.

DATES: Comments must be submitted on or before April 27, 2007.

ADDRESSES: The proposed Agreement may be obtained from Judith Winchell, 
Docket Clerk, telephone (415) 972-3124. Comments regarding the proposed 
Agreement should be addressed to Judith Winchell (SFD-7) at United 
States EPA Region IX, 75 Hawthorne Street, San Francisco, California 
94105, and should reference the Denova Superfund Site, Rialto, 
California, and USEPA Docket No. 9-2006-0025.

FOR FURTHER INFORMATION CONTACT: Michele Benson, Office of Regional 
Counsel, telephone (415) 972-3918, U.S. EPA Region IX, 75 Hawthorne 
Street, San Francisco, California 94105.

    Dated: March 13, 2007.
Keith A. Takata,
Director, Superfund Division.
 [FR Doc. E7-5664 Filed 3-27-07; 8:45 am]
BILLING CODE 6560-50-P
[Federal Register Volume 72, Number 58 (Tuesday, March 27, 2007)]
[Notices]
[Pages 14271-14272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5524]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-355-000]


Natural Gas Pipeline Company of America; Notice of Tariff Filing

March 21, 2007.
    Take notice that on March 16, 2007, Natural Gas Pipeline Company of 
America (Natural) tendered for filing as part of its FERC Gas Tariff, 
Sixth Revised Volume No. 1 Original Sheet No. 414A.06, to become 
effective January 17, 2007.
    Any person desiring to intervene or to protest this filing must 
file in accordance with Rules 211 and 214 of the Commission's Rules of 
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be 
considered by the Commission in determining the appropriate action to 
be taken, but will not serve to make protestants parties to the 
proceeding. Any person wishing to become a party must file a notice of 
intervention or motion to intervene, as appropriate. Such notices, 
motions, or protests must be filed in accordance with the provisions of 
Section 154.210 of the Commission's regulations (18 CFR 154.210). 
Anyone filing an intervention or protest must serve a copy of that 
document on the Applicant. Anyone filing an intervention or protest on 
or before the intervention or protest date need not serve motions to 
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and 
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an 
original and 14 copies of the protest or intervention to the Federal 
Energy Regulatory Commission, 888 First Street, NE., Washington, DC 
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the 
``eLibrary'' link and is available for review in the Commission's 
Public Reference Room in Washington, DC. There is an ``eSubscription'' 
link on the Web site that enables subscribers to receive e-mail 
notification when a document is added to a subscribed docket(s). For 
assistance with any FERC

[[Page 14272]]

Online service, please e-mail <a href="/cdn-cgi/l/email-protection#87c1c2d5c4c8e9ebeee9e2d4f2f7f7e8f5f3c7e1e2f5e4a9e0e8f1"><span class="__cf_email__" data-cfemail="82c4c7d0c1cdeceeebece7d1f7f2f2edf0f6c2e4e7f0e1ace5edf4">[email protected]</span></a>, or call (866) 
208-3676 (toll free). For TTY, call (202) 502-8659.

Philis J. Posey,
Acting Secretary.
[FR Doc. E7-5524 Filed 3-26-07; 8:45 am]
BILLING CODE 6717-01-P


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