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

—Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered April 1, 1987, convicting defendant after jury trial of criminal sale of a *501controlled substance in the first degree, and conspiracy in the second degree, and sentencing defendant to concurrent, indeterminate terms of 15 years to life, and 5 years to life, respectively, unanimously affirmed.

An informant introduced defendant to a DEA agent, who arranged to purchase one kilogram of cocaine from defendant for $35,000. The sale was consummated over the course of several meetings throughout the day of the sale. After his arrest, and after *Miranda*warnings were given, defendant made incriminating statements admitting involvement in the sale, but claiming he had acted only as a "middleman”.

While defendant argues that his identity was not established beyond a reasonable doubt, we note that numerous DEA agents, as well as the confidential informant, identified defendant at trial. Moreover, the issue of identity was squarely placed before the jury, and we perceive no basis to question their resolution of the issue, especially in view of the fact that numerous witnesses identified defendant. Further, the evidence of guilt included defendant’s incriminating admissions.

Contrary to defendant’s assertions, the testimony of the DEA agent who obtained defendant’s statement was not incredible as a matter of law. The fact that the agent, who was not assigned to the particular unit which conducted the undercover investigation, made no entry or notation of the statement until he completed his written report nine days later, does not suggest that the report was fabricated. Similarly, the fact that the agent left blank spaces in his report, to be filled in later, does not indicate that the agent was dishonest, since it is understandable that the agent, not being part of the particular team assigned to this investigation, would be compelled to obtain the requisite information from other officers before completing his report.

While a proper foundation for the admission of a notebook ostensibly reflecting narcotics transactions, as a business record was not made *(People v Kennedy,*68 NY2d 569), the notebook was admitted only for the limited purpose of establishing a connection between defendant and the criminal conspiracy. As defendant did not object to the admission of the document on the ground he now advances, the issue is unpreserved for appellate review as a matter of law (CPL 470.05 [2]). Admission of the transcripts of telephone conversations between defendant’s co-conspirators was supported by a prima facie showing of the existence of a conspiracy, independent of *502the conversations themselves *(cf.,People v Hernandez,*155 AD2d 342).

We have considered the remaining arguments and find them to be without merit. Concur—Milonas, J. P., Ellerin, Ross and Rubin, JJ.
V- ' RECEIVED IN _ \ COURT OF CRIMINAL APPEALS |C^|

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<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from Hawks
Industries, Inc. 1997 10K and is qualified in its entirety by reference to such
10K.
</LEGEND>
<CIK> 0000015678
<NAME> HAWKS INDUSTRIES, INC.
<MULTIPLIER> 1
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                          30,000
<SECURITIES>                                   205,000
<RECEIVABLES>                                  330,000
<ALLOWANCES>                                         0
<INVENTORY>                                     12,000
<CURRENT-ASSETS>                               627,000
<PP&E>                                       4,349,000
<DEPRECIATION>                               2,237,000
<TOTAL-ASSETS>                               3,194,000
<CURRENT-LIABILITIES>                          767,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       270,000
<OTHER-SE>                                   1,742,000
<TOTAL-LIABILITY-AND-EQUITY>                 3,194,000
<SALES>                                      2,114,000
<TOTAL-REVENUES>                             2,131,000
<CGS>                                        1,885,000
<TOTAL-COSTS>                                2,377,000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              72,000
<INCOME-PRETAX>                              (264,000)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (264,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (264,000)
<EPS-PRIMARY>                                    (.20)
<EPS-DILUTED>                                    (.20)
        

</TABLE>
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN THE INTEREST OF S.T.S

,

a Child. §

§

§

§

§ No. 08

- 23

- 00138

- CV

Appeal from the

388th Judicial District Court

of El Paso County, Texas

(TC# 2016DCM5159 )

J U D G M E N T

The Court has considered this cause on the record and concludes there was no error in the

judgment. We therefore affirm the judgment of the court below. We further order that Appellee

recover from Appellants all costs of appeal for which let execution issu e. This decision shall be

certified below for observance.

IT IS SO ORDERED THIS 30TH DAY OF NOVEMBER 2023.

S ANDEE BRYAN MARION

, Chief Justice (Ret.)

Before Palafox , J.

, Soto, J. , and Marion, C.J. (Ret.)

Marion, C.J. (Ret.) (Sitting by Assignment)
I 

116TH CONGRESS 

1ST SESSION H. R. 1375 

To amend title XVIII of the Social Security Act to provide for transparency 

of Medicare secondary payer reporting information, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 26, 2019 

Mr. KIND (for himself and Mr. BILIRAKIS) introduced the following bill; which 

was referred to the Committee on Ways and Means, and in addition to 

the Committee on Energy and Commerce, for a period to be subsequently 

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend title XVIII of the Social Security Act to provide 

for transparency of Medicare secondary payer reporting 

information, 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 TITLE. 

4 This Act may be cited as the ‘‘Provide Accurate In5 formation Directly Act’’ or ‘‘PAID Act’’. 


kjohnson on DSK79L0C42 with BILLS
2 

•HR 1375 IH

1 SEC. 2. TRANSPARENCY OF MEDICARE SECONDARY PAYER 

2 REPORTING INFORMATION. 

3 Section 1862(b)(8)(G) of the Social Security Act (42 

4 U.S.C. 395y(b)(8)(G)) is amended— 

5 (1) by striking ‘‘INFORMATION.—The Sec6 retary’’ and inserting ‘‘INFORMATION.— 

7 ‘‘(i) IN GENERAL.—The Secretary’’; 

8 and 

9 (2) by adding at the end the following new 

10 clause: 

11 ‘‘(ii) SPECIFIED INFORMATION.—In 

12 responding to any query related to sub13 paragraph (A)(i), the Secretary, notwith14 standing any other provision of law, 

15 shall— 

16 ‘‘(I) identify to the applicable 

17 plan whether a claimant subject to the 

18 query is, or during the preceding 3- 

19 year period has been, entitled to bene20 fits under the program under this title 

21 on any basis; and 

22 ‘‘(II) to the extent applicable, 

23 identify by plan name and address 

24 any Medicare Advantage plan under 

25 part C and any prescription drug plan 

26 under part D in which the claimant is 


kjohnson on DSK79L0C42 with BILLS
3 

•HR 1375 IH

1 enrolled or has been enrolled during 

2 such period.’’. 

3 SEC. 3. EFFECTIVE DATE. 

4 The amendments made by section 2 shall apply with 

5 respect to queries submitted on or after the date that is 

6 one year after the date of the enactment of this Act. 

Æ 


kjohnson on DSK79L0C42 with BILLS
#### The People of the State of New York, Respondent, v David Tornabene, Appellant.

—Appeal unanimously dismissed. Counsel’s application to withdraw granted *(see, People v Crawford,*71 AD2d 38). Memorandum: There is no statutory authority for an appeal by defendant from a discharge order entered pursuant to CPL 330.20 *(see,*CPL 330.20 [21] [a]). (Appeal from Order of Supreme Court, Erie County, Rossetti, J.—CPL 330.20.) Present—Denman, J. P., Boomer, Balio, Law-ton and Davis, JJ.
# C_2016203EN.01003001.xml

| 7.6.2016 | EN | Official Journal of the European Union | C 203/30 |
| --- | --- | --- | --- |

7.6.2016

EN

Official Journal of the European Union

C 203/30

---

Article 72

The Agency may, from material available inside or outside the Community, build up the necessary commercial stocks to facilitate supplies to or normal deliveries by the Community.

The Commission may, where necessary, decide to build up emergency stocks. The method of financing such stocks shall be approved by the Council, acting by a qualified majority on a proposal from the Commission.

---
I 

116TH CONGRESS 

1ST SESSION H. R. 1149 

To prohibit the Department of the Interior from issuing certain geological 

and geophysical exploration permits under the Outer Continental Shelf 

Lands Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 11, 2019 

Mr. VAN DREW (for himself, Mr. RUTHERFORD, Mr. CUNNINGHAM, Mr. 

SMITH of New Jersey, Ms. SHALALA, and Mr. MAST) introduced the following bill; which was referred to the Committee on Natural Resources 

A BILL 

To prohibit the Department of the Interior from issuing 

certain geological and geophysical exploration permits 

under the Outer Continental Shelf Lands 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 TITLE. 

4 This Act may be cited as the ‘‘Atlantic Coastal 

5 Economies Protection Act’’. 


kjohnson on DSK79L0C42 with BILLS
2 

•HR 1149 IH

1 SEC. 2. PROHIBITION ON ISSUING PERMITS UNDER OUTER 

2 CONTINENTAL SHELF LANDS ACT. 

3 (a) IN GENERAL.—The Department of the Interior 

4 may not issue any of the permits described in subsection 

5 (b). Any such permit issued before the date of the enact6 ment of this Act shall have no force or effect. 

7 (b) PERMITS DESCRIBED.—The permits referred to 

8 in subsection (a) are the following: 

9 (1) A permit under section 11 of the Outer 

10 Continental Shelf Lands Act (43 U.S.C. 1340) au11 thorizing TGS-NOPEC Geophysical Company to en12 gage in geophysical exploration for mineral resources 

13 (permit application number E14–001). 

14 (2) A permit under such section authorizing 

15 Ion/GX Technology Corporation to engage in geo16 physical exploration for mineral resources (permit 

17 application number E14–003). 

18 (3) A permit under such section authorizing 

19 WesternGeco LLC to engage in geophysical explo20 ration for mineral resources (permit application 

21 number E14–004). 

22 (4) A permit under such section authorizing 

23 CGG Services (US) Inc. to engage in geophysical ex24 ploration for mineral resources (permit application 

25 number E14–005). 


kjohnson on DSK79L0C42 with BILLS
3 

•HR 1149 IH

1 (5) A permit under such section authorizing 

2 Spectrum Geo Inc. to engage in geophysical explo3 ration for mineral resources (permit application 

4 number E14–006). 

Æ 


kjohnson on DSK79L0C42 with BILLS
#### Consolidated Edison Company of New York, Inc., Appellant, v City of New York et al., Respondents.

—Judgment, Supreme Court, New York County (Stanley Parness, J.), entered January 7, 1991, which declared certain utility-related property and equipment to be properly designated as "class three” (RPTL 1802 [1]) on the City’s 1990/91 assessment roll, unanimously affirmed, without costs.

The real property tax classification system was introduced with the enactment of article 18 of the Real Property Tax Law, three years after the decision in *Matter of Consolidated Edison Co. v City of New York*(44 NY2d 536 [1978]). The third of the four classes of enumerated property includes "utility real property”, which is defined in RPTL 1801 (c). In 1989 the Legislature amended section 1801 (c) to exclude from class three (and thus transfer to the lower-taxed class four) the types of property described in the general definition set forth in RPTL 102 (12) (a) ("Land”) and (b) ("Buildings and * * * structures, substructures and superstructures”).

The cited 1978 Court of Appeals decision had categorized some of the same property now at issue as "real property” *331under section 102 (12) (b). But that case, decided before institution of the presently controlling statutory classification system, determined the issue of whether certain barge-mounted utility property was realty or personalty, rather than defining a particular category of real property. The question now is whether reference to certain utility-related property as "12(b)” property thirteen years ago should apply in light of the recent legislative removal from class three of property so defined in paragraph (b) of subdivision (12), or whether said property might still qualify as class three property under other paragraphs of subdivision (12), such as (e) ("Mains, pipes and tanks”) or (f) ("Boilers, ventilating apparatus * * * plumbing, heating, lighting and power generating apparatus”).

Without current exegesis by the Court of Appeals of its 1978 decision in the light of the current statutory scheme, we would conclude that any references to particular types of realty in that decision were dicta, and would not necessarily shift such property to class four under the 1989 Statute.

Suffice it to say we perceive a contrary legislative intent, particularly in light of the legislative history presented by defendant City. The unpublished decision and order of this Court entered herein on May 30, 1991 is hereby recalled and vacated. Concur—Ellerin, J. P., Wallach, Kupferman, Asch and Kassal, JJ.
# L_2012112EN.01002101.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

---

ACT

ACT

concerning the conditions of accession of the Republic of Croatia and the adjustments to the Treaty on European Union, the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community

PART FOUR

TEMPORARY PROVISIONS

TEMPORARY PROVISIONS

TITLE II

INSTITUTIONAL PROVISIONS

INSTITUTIONAL PROVISIONS

Article 20

Article 3(3) of the Protocol on transitional provisions, annexed to the TEU, the TFEU and the EAEC Treaty, shall be replaced by the following:

‘3.   Until 31 October 2014, the following provisions shall remain in force, without prejudice to the second subparagraph of Article 235(1) of the Treaty on the Functioning of the European Union.

For acts of the European Council and of the Council requiring a qualified majority, members' votes shall be weighted as follows:

| Belgium | 12 |
| --- | --- |
| Bulgaria | 10 |
| Czech Republic | 12 |
| Denmark | 7 |
| Germany | 29 |
| Estonia | 4 |
| Ireland | 7 |
| Greece | 12 |
| Spain | 27 |
| France | 29 |
| Croatia | 7 |
| Italy | 29 |
| Cyprus | 4 |
| Latvia | 4 |
| Lithuania | 7 |
| Luxembourg | 4 |
| Hungary | 12 |
| Malta | 3 |
| Netherlands | 13 |
| Austria | 10 |
| Poland | 27 |
| Portugal | 12 |
| Romania | 14 |
| Slovenia | 4 |
| Slovakia | 7 |
| Finland | 7 |
| Sweden | 10 |
| United Kingdom | 29 |

Belgium

12

Bulgaria

10

Czech Republic

12

Denmark

7

Germany

29

Estonia

4

Ireland

7

Greece

12

Spain

27

France

29

Croatia

7

Italy

29

Cyprus

4

Latvia

4

Lithuania

7

Luxembourg

4

Hungary

12

Malta

3

Netherlands

13

Austria

10

Poland

27

Portugal

12

Romania

14

Slovenia

4

Slovakia

7

Finland

7

Sweden

10

United Kingdom

29

Acts shall be adopted if there are at least 260 votes in favour representing a majority of the members where, under the Treaties, they must be adopted on a proposal from the Commission. In other cases decisions shall be adopted if there are at least 260 votes in favour representing at least two thirds of the members.

A member of the European Council or the Council may request that, where an act is adopted by the European Council or the Council by a qualified majority, a check is made to ensure that the Member States comprising the qualified majority represent at least 62 % of the total population of the Union. If that proves not to be the case, the act shall not be adopted.’.

---
# L_2012112EN.01002101.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

---

ACT

ACT

concerning the conditions of accession of the Republic of Croatia and the adjustments to the Treaty on European Union, the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community

PART FOUR

TEMPORARY PROVISIONS

TEMPORARY PROVISIONS

TITLE III

FINANCIAL PROVISIONS

FINANCIAL PROVISIONS

Article 27

1.   From the date of accession, Croatia shall pay the following amount corresponding to its share of the capital paid in for the subscribed capital as defined in Article 4 of the Statute of the European Investment Bank:

| Croatia | EUR 42 720 000 |
| --- | --- |

Croatia

EUR 42 720 000

The contribution shall be paid in eight equal instalments falling due on 30 November 2013, 30 November 2014, 30 November 2015, 31 May 2016, 30 November 2016, 31 May 2017, 30 November 2017 and 31 May 2018.

2.   Croatia shall contribute, in eight equal instalments falling due on the dates provided for in paragraph 1, to the reserves and provisions equivalent to reserves, as well as to the amount still to be appropriated to the reserves and provisions, comprising the balance of the profit and loss account, established at the end of the month preceding accession, as entered on the balance sheet of the European Investment Bank, in amounts corresponding to the following percentage of the reserves and provisions:

| Croatia | 0,368 % |
| --- | --- |

Croatia

0,368 %

3.   The capital and payments provided for in paragraphs 1 and 2 shall be paid in by Croatia in cash in euro, save by way of derogation decided unanimously by the Board of Governors of the European Investment Bank.

4.   The figures for Croatia referred to in paragraph 1 as well as in Article 10, point 1, may be adapted by decision of the European Investment Bank governing bodies on the basis of the latest final data of GDP published by Eurostat before accession.

---
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1250 Enrolled Bill (ENR)]

        H.R.1250

                     One Hundred Sixteenth Congress

                                 of the

                        United States of America

                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Thursday,
           the third day of January, two thousand and nineteen

                                 An Act

 
To designate the facility of the United States Postal Service located at 
 11158 Highway 146 North in Hardin, Texas, as the ``Lucas Lowe Memorial 
                             Post Office''.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. LUCAS LOWE MEMORIAL POST OFFICE.
    (a) Designation.--The facility of the United States Postal Service 
located at 11158 Highway 146 North in Hardin, Texas, shall be known and 
designated as the ``Lucas Lowe Memorial Post Office''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Lucas Lowe 
Memorial Post Office''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
# 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 1

THE INSTITUTIONS

SECTION 4

SECTION 4

THE COMMISSION

Article 246

(ex Article 215 TEC)

(ex Article 215 TEC)

Apart from normal replacement, or death, the duties of a Member of the Commission shall end when he resigns or is compulsorily retired.

A vacancy caused by resignation, compulsory retirement or death shall be filled for the remainder of the Member's term of office by a new Member of the same nationality appointed by the Council, by common accord with the President of the Commission, after consulting the European Parliament and in accordance with the criteria set out in the second subparagraph of Article 17(3) of the Treaty on European Union.

The Council may, acting unanimously on a proposal from the President of the Commission, decide that such a vacancy need not be filled, in particular when the remainder of the Member's term of office is short.

In the event of resignation, compulsory retirement or death, the President shall be replaced for the remainder of his term of office. The procedure laid down in the first subparagraph of Article 17(7) of the Treaty on European Union shall be applicable for the replacement of the President.

In the event of resignation, compulsory retirement or death, the High Representative of the Union for Foreign Affairs and Security Policy shall be replaced, for the remainder of his or her term of office, in accordance with Article 18(1) of the Treaty on European Union.

In the case of the resignation of all the Members of the Commission, they shall remain in office and continue to deal with current business until they have been replaced, for the remainder of their term of office, in accordance with Article 17 of the Treaty on European Union.

---