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

—Appeal by the defendant from a judgment of the County Court, Nassau County (Ain, J.), rendered December 5, 1986, convicting him of robbery in the first degree, assault in the second degree, resisting arrest, escape in the first degree, and criminal possession of a controlled substance in the seventh degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant argues that the People failed to prove beyond a reasonable doubt the elements of robbery in the first degree set forth in count one of the indictment, to wit, that he "displayed a pistol, revolver *and*other firearm” (emphasis added). Although he concedes that Penal Law § 160.15 (4) requires possession of only one of the above weapons, he maintains that the People were bound by language of the indictment. However, since the defendant failed to raise this claim at the time he moved to dismiss the indictment and asserts it for the first time in this court, he has failed to preserve it for appellate review *(see,*CPL 470.05 [2]; *People v Gomez,*67 NY2d 843, 844-845; *People v Davis,*172 AD2d 553; *People v Udzinski,*146 AD2d 245, 258). In any event, Penal Law § 160.15 (4) requires only that the defendant possess any one of the aforementioned weapons. Although the indictment did not contain the precise language of the statute, the court properly instructed the jury with respect to the elements of robbery in the first degree as defined in Penal Law § 160.15 (4).

*696The defendant also failed to preserve for appellate review his claim that the trial court erred by allowing a police officer to testify, without first being qualified as an expert in controlled substance analysis, that a substance possessed by the defendant was cocaine *(see,*CPL 470.05 [2]; *People v Rukaj,*158 AD2d 487).

We have considered the defendant’s remaining contention, raised in his supplemental *pro se*brief, and find it to be without merit *(see, People v Baldi,*54 NY2d 137, 151; *People v Sullivan,*153 AD2d 223, 227-229). Bracken, J. P., Eiber, Harwood and Balletta, JJ., concur.
QAD 1063 Form

April 1, 2019

**PRODUCER AFFIDAVIT**

**POULTRY EXPORT VERIFICATION (PEV) PROGRAM**

Serial Number:  		 	_________________________	

PEV Approval No: (if applicable):	_________________________ 

Date of Dispatch:			_________________________

Total Number of Poultry:		_________________________

Owner/Producer/Agent Name and Address:  

________________________________________________________________________________________

________________________________________________________________________________________

I, ___________________________________, am the present *owner of  /  producer of  /  agent for[footnoteRef:1]* the identified poultry and have directly controlled or taken full responsibility for relevant practices applied in their raising[footnoteRef:2].  I do affirm that the poultry covered by this certificate have met the following criteria while under my control: [1:   Circle one.]  [2:   If the poultry have been owned by or under control of other persons or premises, I am attaching a copy of the producer affidavit for each   transfer of ownership.] 

· Production farms do not utilize Canadian born poultry except those imported only as “day-old”.  “Day-old” chicks are “all poultry less than 72 hours old, not yet fed and Muscovy ducks (*Cairina moschata*) or their crosses, less than 72 hours old whether or not fed”.

· Poultry being delivered to harvest facility are not from flocks that are under quarantine.

· Flocks are located over 10 km away from the Mexican border.

· Poultry have not been vaccinated against avian influenza.

· Ractopamine is not part of the feed formulation.

Transfer to:	         

· Hatchery Unit: 	___________________

· Growing Unit: ____________________

· Harvest Establishment (Est. No.): ____________________

**I certify that all statements made herein are true to the best of my knowledge.**

SIGNATURE: __________________________________________________ DATE: ___________________

Print Name and Title: _____________________________________________

**WARNING**:  Persons willfully making false, fictitious, or fraudulent statements or entries are subject to fine or imprisonment or both as prescribed by Title 18 U.S. Code 1001.
I76-/S

ELECTRONIC RECORD

COA #14-13-00487-CR OFFENSE: Theft

STYLE: David Austin Price v The State of Texas COUNTY: Harris

COA DISPOSITION: Affirmed TRIAL COURT: 185th District Court

DATE: January 15, 2015 Publish: Yes TC CASE #:1368261

IN THE COURT OF CRIMINAL APPEALS

STYLE: David Austin Price v The State of Texas

CCA#

APPELLANT^ Petition

FOR DISCRETIONARY REVIEW IN CCA IS:

CCA Disposition: 1 /O "*#«<

DATE:

JUDGE:

DATE: 03lt$l*J>jr

JUDGE: f\M. UMa^^

SIGNED: PC:

PUBLISH: DNP:

MOTION FOR

FOR REHEARING IN CCA IS:

JUDGE:

ELECTRONIC RECORD
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED APRIL 17, 2015

NO. 03-14-00678-CR

Ex parte Leslie Parker Jones

APPEAL FROM THE 331ST DISTRICT COURT OF TRAVIS COUNTY

BEFORE JUSTICES PURYEAR, PEMBERTON, AND BOURLAND

DISMISSED ON APPELLANT’S MOTION -- OPINION BY JUSTICE BOURLAND

This is an appeal from the order entered by the trial court. Leslie Parker Jones has filed a motion 

to dismiss the appeal. Therefore, the Court grants the motion, allows Leslie Parker Jones to 

withdraw his notice of appeal, and dismisses the appeal. The appellant shall pay all costs 

relating to this appeal, both in this Court and in the court below.
EXHIBIT NO. 23(b)

                          CONSENT OF EXPERT AND COUNSEL





Carolina Power & Light Company:
The statements of law and legal  conclusions  under Item 1. Business and Item 3.
Legal Proceedings in the Company's Annual Report on Form 10-K for the year ended
December 31, 1997 have been reviewed by me and are set forth therein in reliance
upon my opinion as an expert.

I hereby consent to the incorporation by reference of such statements of law and
legal   conclusions  in  Registration   Statement  No.  33-33520  on  Form  S-8,
Registration Statement No. 33-5134 on Form S-3,  Post-Effective  Amendment No. 1
to Registration  Statement No. 33-38349 on Form S-3, Registration  Statement No.
33-50597 on Form S-3 and Registration Statement No. 33-57835 on Form S-3 and the
related Prospectuses, which are a part of such Registration Statements.








/s/ William D. Johnson,
---------------------------------
Vice President - Legal Department
March 26, 1998
# C_2012326EN.01004701.xml

| 26.10.2012 | EN | Official Journal of the European Union | C 326/1 |
| --- | --- | --- | --- |

26.10.2012

EN

Official Journal of the European Union

C 326/1

---

CONSOLIDATED VERSION OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION

CONSOLIDATED VERSION OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION

PART SIX

INSTITUTIONAL AND FINANCIAL PROVISIONS

INSTITUTIONAL AND FINANCIAL PROVISIONS

TITLE I

INSTITUTIONAL PROVISIONS

INSTITUTIONAL PROVISIONS

CHAPTER 2

LEGAL ACTS OF THE UNION, ADOPTION PROCEDURES AND OTHER PROVISIONS

SECTION 1

SECTION 1

THE LEGAL ACTS OF THE UNION

Article 292

The Council shall adopt recommendations. It shall act on a proposal from the Commission in all cases where the Treaties provide that it shall adopt acts on a proposal from the Commission. It shall act unanimously in those areas in which unanimity is required for the adoption of a Union act. The Commission, and the European Central Bank in the specific cases provided for in the Treaties, shall adopt recommendations.

---
<PAGE>

                                                                      Exhibit 21

                      SUBSIDIARIES OF PROGRESS ENERGY, INC.
                              AT DECEMBER 31, 2001

The following is a list of certain direct and indirect subsidiaries of Progress
Energy, Inc. and their respective states of incorporation:

Carolina Power & Light Company                                  North Carolina
         Caronet, Inc.                                          North Carolina

Florida Progress Corporation                                    Florida
         Florida Power Corporation                              Florida
         Progress Telecommunications Corporation                Florida
         Progress Capital Holdings, Inc.                        Florida
                  Progress Fuels Corporation                    Florida
                           Progress Rail Services Corporation   Alabama

North Carolina Natural Gas Corporation                          Delaware

Progress Ventures, Inc.                                         North Carolina

Strategic Resource Solutions Corp.                              North Carolina

Progress Energy Service Company, LLC                            North Carolina
# C_2016202EN.01013901.xml

| 7.6.2016 | EN | Official Journal of the European Union | C 202/139 |
| --- | --- | --- | --- |

7.6.2016

EN

Official Journal of the European Union

C 202/139

---

Article 205

The Union's action on the international scene, pursuant to this Part, shall be guided by the principles, pursue the objectives and be conducted in accordance with the general provisions laid down in Chapter 1 of Title V of the Treaty on European Union.

---
Exhibit 32.1

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 Hexion Specialty Chemicals, Inc. (the
Company) on Form 10-K for the period ended December 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, certify, pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 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.
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                        |  |  |  |                        
|----------------------- |  |  |  | -----------------------
|/s/ Craig O. Morrison   |  |  |  | /s/ William H. Carter  
|Craig O. Morrison       |  |  |  | William H. Carter      
|Chief Executive Officer |  |  |  | Chief Financial Officer
|                        |  | 
|March 11, 2009          |  |  |  | March 11, 2009         

A signed original of this statement required by Section 906 has been provided to Hexion Specialty Chemicals,
Inc. and will be retained by Hexion Specialty Chemicals, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
# L_2012112EN.01001001.xml

| 24.4.2012 | EN | Official Journal of the European Union | L 112/6 |
| --- | --- | --- | --- |

24.4.2012

EN

Official Journal of the European Union

L 112/6

---

TREATY

TREATY

BETWEEN

BETWEEN

THE KINGDOM OF BELGIUM, THE REPUBLIC OF BULGARIA, THE CZECH REPUBLIC, THE KINGDOM OF DENMARK, THE FEDERAL REPUBLIC OF GERMANY, THE REPUBLIC OF ESTONIA, IRELAND, THE HELLENIC REPUBLIC, THE KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE ITALIAN REPUBLIC, THE REPUBLIC OF CYPRUS, THE REPUBLIC OF LATVIA, THE REPUBLIC OF LITHUANIA, THE GRAND DUCHY OF LUXEMBOURG, THE REPUBLIC OF HUNGARY, THE REPUBLIC OF MALTA, THE KINGDOM OF THE NETHERLANDS, THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF POLAND, THE PORTUGUESE REPUBLIC, ROMANIA, THE REPUBLIC OF SLOVENIA, THE SLOVAK REPUBLIC, THE REPUBLIC OF FINLAND, THE KINGDOM OF SWEDEN, THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND

THE KINGDOM OF BELGIUM, THE REPUBLIC OF BULGARIA, THE CZECH REPUBLIC, THE KINGDOM OF DENMARK, THE FEDERAL REPUBLIC OF GERMANY, THE REPUBLIC OF ESTONIA, IRELAND, THE HELLENIC REPUBLIC, THE KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE ITALIAN REPUBLIC, THE REPUBLIC OF CYPRUS, THE REPUBLIC OF LATVIA, THE REPUBLIC OF LITHUANIA, THE GRAND DUCHY OF LUXEMBOURG, THE REPUBLIC OF HUNGARY, THE REPUBLIC OF MALTA, THE KINGDOM OF THE NETHERLANDS, THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF POLAND, THE PORTUGUESE REPUBLIC, ROMANIA, THE REPUBLIC OF SLOVENIA, THE SLOVAK REPUBLIC, THE REPUBLIC OF FINLAND, THE KINGDOM OF SWEDEN, THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND

(MEMBER STATES OF THE EUROPEAN UNION)

MEMBER STATES OF THE EUROPEAN UNION

AND

AND

THE REPUBLIC OF CROATIA

THE REPUBLIC OF CROATIA

CONCERNING THE ACCESSION OF THE REPUBLIC OF CROATIA TO THE EUROPEAN UNION

CONCERNING THE ACCESSION OF THE REPUBLIC OF CROATIA TO THE EUROPEAN UNION

Article 1

1.   The Republic of Croatia hereby becomes a member of the European Union and of the European Atomic Energy Community.

2.   The Republic of Croatia becomes a Party to the Treaty on European Union, the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community as amended or supplemented.

3.   The conditions of admission and the adjustments to the Treaties referred to in paragraph 2, entailed by such admission, are set out in the Act annexed to this Treaty. The provisions of that Act are an integral part of this Treaty.

---
COMMONWEALTH OF MASSACHUSETTS 

EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

DEVALL. PATRICK 

Governor 

TIMOTHY P. MURRAY 

Lieutenant Governor 

November 30, 2009 

\ 1 Mr. Ariel Garcia 

ONE WINTER STREET, BOSTON, MA 02108 617-292-5500 

· Environmental Engineer, Air Quality Unit 

U.S. Environmental Protection Agency 

Region 1, EPA New England 

One Congress Street, Suite 1100 (CAQ) 

Boston, MA 02114-2023 

Re: SIP Revision for the Massachusetts Inspection and Maintenance Program 

Dear Mr. Garcia: 

IAN A. BOWLES 

Secretary 

LAURIE BURT 

Commissioner 

Enclosed please find a revision to the SIP submittal documentation mailed to your offices June 1, 2009. 

MassDEP would like the attached Secretary of State stamped copy of 540 CMR 4.00 to replace what was 

submitted as Table of Contents Item 7, Appendix 3 (RMV regulations 540 CMR 4.00). 

If you or your staff have any questions regarding this submittal or need any additional information, please 

contact Paul Davis of the Bureau of Waste Prevention at (617) 348-4080. 

Sincerely, 

hristine Kirby 

Acting Director 

Division Consumer and Transportation Programs 

Att. Encl. 

This information is available in alternate format. Call Donald M. Gomes, ADA Coordinator at 617-556-1057. TDD# 1-866-539-7622 or 1-617-574-6868. 

MassDEP on the World Wide Web: http://www.mass.gov/dep 

() Printed on Recycled Paper
# C_2012326EN.01033701.xml

| 26.10.2012 | EN | Official Journal of the European Union | C 326/1 |
| --- | --- | --- | --- |

26.10.2012

EN

Official Journal of the European Union

C 326/1

---

DECLARATIONS

DECLARATIONS

ANNEXED TO THE FINAL ACT OF THE INTERGOVERNMENTAL CONFERENCE WHICH ADOPTED THE TREATY OF LISBON,

ANNEXED TO THE FINAL ACT OF THE INTERGOVERNMENTAL CONFERENCE WHICH ADOPTED THE TREATY OF LISBON

signed on 13 December 2007

C.   DECLARATIONS BY MEMBER STATES

DECLARATIONS BY MEMBER STATES

54.   Declaration by the Federal Republic of Germany, Ireland, the Republic of Hungary, the Republic of Austria and the Kingdom of Sweden

Declaration by the Federal Republic of Germany, Ireland, the Republic of Hungary, the Republic of Austria and the Kingdom of Sweden

Germany, Ireland, Hungary, Austria and Sweden note that the core provisions of the Treaty establishing the European Atomic Energy Community have not been substantially amended since its entry into force and need to be brought up to date. They therefore support the idea of a Conference of the Representatives of the Governments of the Member States, which should be convened as soon as possible.

---
FIRST DIVISION

PHIPPS, C. J.,

ELLINGTON, P. J., and MCMILLIAN, J.

NOTICE: Motions for reconsideration must be

physically received in our clerk’s office within ten

days of the date of decision to be deemed timely filed.

http://www.gaappeals.us/rules/

March 30, 2015

In the Court of Appeals of Georgia

A14A2084, A14A2085. RASER TECHNOLOGIES, INC. et al. v.

MORGAN STANLEY & COMPANY, LLC et al.; and vice versa.

PHIPPS, Chief Judge.

In these cases, the following circumstances exist and are dispositive of the

appeals:

(1) The evidence supports the judgments;

(2) The judgments of the court below adequately explain the decisions; and

(3) The issues are controlled adversely to the appellants for the reasons and

authority given in the appellees’ briefs.

The judgments of the court below therefore are affirmed in accordance with

Court of Appeals Rule 36.

Judgments affirmed in both cases. Ellington, P. J., concurs. McMillian, J.,

concurs in judgment only.
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 14**  **- 6**  **970**

JARIUS DAMAR PHILLIPS , P etitioner

- Appellant ,
v. HAROLD W. CLARKE, Director of the Virginia Department of Corrections , Respondent

- Appellee
.

Appeal from the United States District Court for the Ea stern District of Virginia , at Norfolk
. Arenda L. Wright Allen , District Judge. ( 2 :1 3

- cv - 0 0 337

- AWA

- LRL )

Submitted : October 21, 2014 Decided: October 24, 2014

Before SHEDD, DUNCAN, and FLOYD , Circuit Judges.

Dismissed by un published per curiam opinion
. Jarius Damar Phillips , Appellant Pro Se. Steven Andrew Witmer, Senior Assistant Attorney General, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Jarius Damar Phillips seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and dismissing as untimely his 28 U.S.C. § 2254 (2012) petition. The order is not appealable unless a circuit jus tice or judge issues a certificate of appealability. 28 U.S.C.
§ 2253(c)(1) (A) (2012) . A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2012)
. When the distric t court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel , 529 U.S. 473, 484 (2000); see Miller

- El v. Cockrell , 537 U.S. 322, 336

- 38 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the petition states a debatable claim of the denial of a constitutional right. Slack , 529 U.S. at 484

- 85. We have independently reviewed the record and conclude that Phillips has not made the requisite showing. Accordingly,

we deny Phillips’ motion to appoint couns el, deny a certificate of appealability, deny leave to proceed in forma pauperis, and dismiss the appeal. We dispense with oral argument because the3 facts and legal contentions are adequately presented in the materials before th is court and argument would not aid the decisional process.
DISMISSED
Issue: 

Grading Soybeans of Other Color for domestic receipt & movement and export shipment.

Background:

In the last few years (3-5) we have seen an increase in Soybeans of Other Color (SBOC), mainly 

in the smokey gray type of coloration. When dissected, the inside of the bean is a quality yellow 

soybean. This is an issue with the hull only.

Next Steps:

Facilitate a discussion among GIAC members regarding Soybeans of Other Colors.
Disclaimer

GAMA Directory ==============The GAMADirectory -March2005 table is taken directly from the GAMA's March 2005 version of the Consumer's Directory of Efficiency

Ratings for Gas Furnaces available at: http://www.gamanet.org/consumer/certification/certdir.htm.The Gas Appliance Manufacturers Association (GAMA) is a national trade association whose members manufacture over 90 percent of all the residential, commercial and industrial gas appliances made in the United States. Manufacturer Data==============All furnace m odel data is gathered from Manufacturer Product literature listed on the manufacturer W EB sites or received directly from the manufacturers. All manufacturer and brand names are trade marks of the individual manufacturers.GAMA Directory ==============The GAMADirectory -March2005 table is taken directly from the GAMA's March 2005 version of the Consumer's Directory of Efficiency

Ratings for Gas Furnaces available at: http://www.gamanet.org/consumer/certification/certdir.htm.The Gas Appliance Manufacturers Association (GAMA) is a national trade association whose members manufacture over 90 percent of all the residential, commercial and industrial gas appliances made in the United States. Manufacturer Data==============All furnace m odel data is gathered from Manufacturer Product literature listed on the manufacturer W EB sites or received directly from the manufacturers. All manufacturer and brand names are trade marks of the individual manufacturers.GAMA Directory ==============The GAMADirectory -March2005 table is taken directly from the GAMA's March 2005 version of the Consumer's Directory of Efficiency

Ratings for Gas Furnaces available at: http://www.gamanet.org/consumer/certification/certdir.htm.The Gas Appliance Manufacturers Association (GAMA) is a national trade association whose members manufacture over 90 percent of all the residential, commercial and industrial gas appliances made in the United States. Manufacturer Data==============All furnace m odel data is gathered from Manufacturer Product literature listed on the manufacturer W EB sites or received directly from the manufacturers. All manufacturer and brand names are trade marks of the individual manufacturers.GAMA Directory ==============The GAMADirectory -March2005 table is taken directly from the GAMA's March 2005 version of the Consumer's Directory of Efficiency

Ratings for Gas Furnaces available at: http://www.gamanet.org/consumer/certification/certdir.htm.The Gas Appliance Manufacturers Association (GAMA) is a national trade association whose members manufacture over 90 percent of all the residential, commercial and industrial gas appliances made in the United States.GAMA Directory ==============The GAMADirectory-March2005 table is taken directly from the GAMA's March 2005 version of the Consumer's Directory of Efficiency

Ratings for Gas Furnaces available at: http://www.gamanet.org/consumer/certification/certdir.htm.The Gas Appliance Manufacturers Association (GAMA) is a national trade association whose members manufacture over 90 percent of all the residential, commercial and industrial gas appliances made in the United States.