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

— Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rotker, J.), rendered January 4, 1989 convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed, and the matter is remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (5).

We disagree with the defendant’s contention that the police lacked probable cause to arrest him. Probable cause requires the existence of facts and circumstances which, when viewed together, would lead a reasonable person, possessing the same expertise as the arresting officer, to conclude that an offense has been or is being committed and that the person to be arrested is the perpetrator thereof *(see, People v Rivera,*166 AD2d 678; *People v Dawkins,*163 AD2d 322; *People v White,*117 AD2d 127; *see also, People v De Bour,*40 NY2d 210). In this case, the arresting officer testified that he received a radio transmission from an undercover officer indicating that a sale of narcotics had just been completed. The seller was described as a male Hispanic, wearing a dark jacket, with a moustache, and a stocky build. Further, the arresting officer was informed that the seller was standing on the corner of 148th Street and Lowe Court. The arresting officer testified that when he arrived at that corner within one minute of the radio transmission he observed the defendant who matched the description, and that no one else at the corner matched that description. Under these circumstances, we find that there was a sufficient basis for the hearing court to conclude that the defendant’s arrest was based on probable cause *(see, e.g., People v Rivera, supra; People v Mercado,*117 AD2d 627; *People v Chamberlain,*114 AD2d 966; *People v Arnette,*111 AD2d 861).

Viewing the evidence in a light most favorable to the People *(see, People v Contes,*60 NY2d 620), we find that the evidence adduced at trial was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Furthermore, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (CPL 470.15 [5]).

We find no merit to the defendant’s contention that he was deprived of the effective assistance of counsel. A claim of ineffective assistance of counsel may not be premised solely upon defense counsel’s unsuccessful employment of a trial strategy *(see, People v Baldi,*54 NY2d 137).

*183Nor do we find that the prosecutor’s remarks during summation deprived the defendant of a fair trial. Assuming, arguendo, that the prosecutor’s remarks were improper, the trial court directed the jury to disregard the remarks in question and issued curative instructions *(see, People v Ashwal,*39 NY2d 105; *see also, People v Santiago,*52 NY2d 865; *People v Williams,*46 NY2d 1070; *People v Santiago,*155 AD2d 628; *People v Burress,*164 AD2d 825). Bracken, J. P., Hooper, Miller and O’Brien, JJ., concur.
**Exhibit 32**Pursuant to section 906 of the *Sarbanes-Oxley Act of 2002*(subsections (a) and (b) of Section 1350,Chapter 63 of Title 18, *United States Code*), each of the undersigned officers of Potash Corporationof Saskatchewan Inc. (the “Company”), does hereby certify, to such officer’s knowledge, that:The Annual Report on Form 10-K for the year ended December 31, 2005 (the “Form 10-K”), of theCompany fully complies with the requirements of section 13(a) or 15(d) of the *Securities ExchangeAct of 1934*and information contained in the Form 10-K fairly presents, in all material respects,the financial condition and results of operations of the Company.Date: March 9, 2006         By:                            /s/ WILLIAM J. DOYLE    William J. Doyle    *President and Chief Executive Officer*   Date: March 9, 2006         By:                            /s/ WAYNE R. BROWNLEE    Wayne R. Brownlee    *Executive Vice President, Treasurer and*
EX-4.1



 Exhibit 4.1 

	
	

	 

 



 
 00001 
 INCORPORATED UNDER THE LAWS OF THE STATE OF DELAWARE 
 AUTHORIZED: 900,000,000 COMMON SHARES, $0.01 PAR VALUE PER SHARE 
 This Certifies That 
 is the owner of 

SEE REVERSE FOR 
 CERTAIN DEFINITIONS 
 Fully Paid and Non-Assessable
Common Stock, $0.01 Par Value of 
 JELD-WEN Holding, Inc. 

transferable on the books of this Corporation in person or by attorney upon surrender of this Certificate duly endorsed or
assigned. This Certificate and the shares represented hereby are subject to the laws of the State of Delaware, and to the Articles of Incorporation and the Bylaws of the Corporation, as now or hereafter amended. This Certificate is not valid until
countersigned by the Transfer Agent. IN WITNESS WHEREOF, the Corporation has caused this Certificate to be signed by the facsimile signatures of its duly authorized officers and to be sealed with the facsimile seal of the Corporation. 

Dated: 
 PRESIDENT AND CHIEF EXECUTIVE OFFICER 
 CORPORATE
SECRETARY 
 AMERICAN STOCK TRANSFER TRUST& COMPANY, LLC Brooklyn, NY 

By 
 Transfer Agent and Registrar Authorized Officer 







 



 
 JELD-WEN Holding, Inc. 

AMERICAN STOCK TRANSFER & TRUST COMPANY, LLC TRANSFER FEE: AS REQUIRED 

The following abbreviations, when used in the inscription on the face of this certificate, shall be construed as though
they were written out in full according to applicable laws or regulations: 
 TEN COM - as tenants in common

 TEN ENT - as tenants by the entireties 

JT TEN - as joint tenants with right of survivorship and not as tenants in common 

UNIF GIFT MIN ACT - Custodian 
 (Cust) (Minor) 
 under Uniform Gifts to Minors

 Act 
 (State) 
 Additional abbreviations may also be used
though not in the above list. 
 PLEASE INSERT SOCIAL SECURITY OR OTHER 

IDENTIFYING NUMBER OF ASSIGNEE 
 FOR VALUE RECEIVED, 
 hereby sell, assign and
transfer unto 
 PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS INCLUDING POSTAL ZIP CODE OF ASSIGNEE 

Shares of the Common Stock represented by the within Certi?cate and do hereby irrevocably constitute and appoint

 Attorney to transfer the said stock on the books of the within-named Corporation, with full power of
substitution in the premises. 
 Dated: 20, 

Signature: X 
 Signature(s) Guaranteed: 
 Signature: X 

THE SIGNATURE(S) TO THIS ASSIGNMENT MUST CORRESPOND WITH THE NAME(S) AS WRITTEN UPON THE FACE OF THE CERTIFICATE IN EVERY
PARTICULAR, WITHOUT ALTERATION OR ENLARGEMENT OR ANY CHANGE WHATEVER. THE SIGNATURE(S) SHOULD BE GUARANTEED BY AN ELIGIBLE GUARANTOR INSTITUTION (Banks, Stockbrokers, Savings and Loan Associations and Credit Unions) WITH MEMBERSHIP IN AN APPROVED
SIGNATURE GUARANTEE MEDALLION PROGRAM, PURSUANT TO S.E.C. RULE 17Ad-15.
Exhibit 32.2

CERTIFICATIONS 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 Quarterly Report of Perfumania Holdings, Inc. (the Company) on Form 10-Q for the period ending July 31, 2010 as
filed with the Securities and Exchange Commission (the Report), I, Donna Dellomo, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, that, to my 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.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



By:

/S/ Donna DellomoDonna DellomoChief Financial OfficerSeptember 13, 2010
IV 

114TH CONGRESS 

2D SESSION H. RES. 877 

Encouraging each State to enact legislation that increases the likelihood 

of survival after sudden cardiac arrest in our Nation’s schools. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 20, 2016 

Mr. DUNCAN of Tennessee (for himself, Mr. DESJARLAIS, Mr. COHEN, and 

Mr. ROE of Tennessee) submitted the following resolution; which was referred to the Committee on Education and the Workforce, 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 

RESOLUTION 

Encouraging each State to enact legislation that increases 

the likelihood of survival after sudden cardiac arrest 

in our Nation’s schools. 

Whereas the American Red Cross advocates that improved 

training and access to automated external defibrillators 

(AEDs) could save 50,000 lives each year; 

Whereas the average response time to a 911 call is 8 to 12 

minutes; 

Whereas the likelihood of survival is reduced approximately 

10 percent for each minute defibrillation is delayed; and 

Whereas sudden cardiac arrest is most effectively treated by 

combining CPR and defibrillation: Now, therefore, be it 


emcdonald on DSK9F6TC42PROD with BILLS
2 

•HRES 877 IH 

1 Resolved, That the House of Representatives— 

2 (1) encourages public schools in possession of 

3 one or more AEDs to schedule annual AED training 

4 for all school personnel, for which staff meetings or 

5 in-service days allocated under State law for training 

6 programs in emergency first aid and cardiopulmo7 nary resuscitation (CPR) may be used; 

8 (2) recommends that— 

9 (A) the annual AED training may include 

10 teaching the use of AEDs and information for 

11 school personnel relating to the locations of 

12 AEDs, the school’s response plan, and the 

13 members of the school response team; 

14 (B) each public school in possession of one 

15 or more AEDs should conduct an annual CPR 

16 and AED drill for school personnel to practice 

17 the use of these life-saving measures and to 

18 evaluate the school’s preparedness in the event 

19 of a sudden cardiac arrest; and 

20 (C) when planning the training and drills, 

21 local educational agencies (LEAs) and schools 

22 should coordinate with other schools operating 

23 training programs, any State-issued rec24 ommendations as to the development or usage 

25 of appropriate programs, and the American 


emcdonald on DSK9F6TC42PROD with BILLS
3 

•HRES 877 IH 

1 Heart Association Guidelines for Cardiopulmo2 nary Resuscitation and Emergency Cardio3 vascular Care; and 

4 (3) congratulates each State, including Ten5 nessee, that has already enacted and implemented 

6 such wise and life-saving legislation. 

Æ 


emcdonald on DSK9F6TC42PROD with BILLS
Exhibit 99.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                       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 Quarterly Report of Premier Development & Investment,
Inc. (the "Company") on Form 10-QSB for the period ending June 30, 2005 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Eric R. Boyer, President and Chief Executive Officer of the Company, certify,
pursuant to 18 U.S.C. ss.1350, as adopted pursuant to ss.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 result of operations of the Company.

IN WITNESS WHEREOF, the undersigned has executed this certification as of this
8th day of August, 2005.



/s/ J. Scott Sitra
--------------------------------------
J. Scott Sitra
President, Chief Executive Officer and
Chairman
Premier Development & Investment, Inc.
# Forms Archives - Appalachian Regional Commission

- ARC Form 2 The ARC Form 2 is specifically designed for completion by Local Access Road (LAR) project applicants requesting ARC Access Road Program funds. Other ARC construction project applicants do not need to complete ARC Form 2.The post ARC Form 2 appeared first on Appalachian Regional Commission.
- Memorandum of Understanding for ARC Projects This form outlines conditions and general provisions that apply to ARC grants. Not all are applicable to non-construction projects, however this form is required for all grant applications.The post Memorandum of Understanding for ARC Projects appeared first on Appalachian Regional Commission.
- Standard Forms for Non-Construction Applications These forms are part of a grant application for a project that does not involve construction and/or engineering.The post Standard Forms for Non-Construction Applications appeared first on Appalachian Regional Commission.
- Standard Forms for Construction Applications These forms are part of a grant application for a construction project. Note that a construction project requires another federal or state basic agency with which ARC has a memorandum of understanding to administer the ARC grant funds. Prior to filling out any of these forms, please speak with your state program manager to confirm [&#8230;]The post Standard Forms for Construction Applications appeared first on Appalachian Regional Commission.
- Standard Form 3881–ACH Vendor/Miscellaneous Payment Enrollment The post Standard Form 3881–ACH Vendor/Miscellaneous Payment Enrollment appeared first on Appalachian Regional Commission.
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN RE: SHANNON MARK DOUTHIT,

 Relator.

§

§

§

§

No. 08-15-00042-CR

ORIGINAL PROCEEDING

ON PETITION FOR WRIT OF

MANDAMUS

J U D G M E N T

The Court has considered this cause on the Relator’s petition for writ of mandamus 

against the Honorable Roy Ferguson, Judge of the 394th District Court of Presidio County, 

Texas, and concludes that Relator’s petition for writ of mandamus should be denied. We 

therefore deny the petition for writ of mandamus, in accordance with the opinion of this Court.

IT IS SO ORDERED THIS 11TH DAY OF FEBRUARY, 2015.

STEVEN L. HUGHES, Justice

Before McClure, C.J., Rodriguez, and Hughes, JJ.
Order entered April 12, 2016

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05 - 15 - 01219 - CR No. 05 - 15 - 01221 - CR No. 05 - 15 - 01222 - CR THE STATE OF TEXAS, Appellant

V. GORDON HEATH ELROD, Appellee On Appeal from the Criminal District Cour t No. 2

Dallas County, Texas Trial Court Cause No s. F 15 - 40913 - I , F15 - 40914 - I, F15 - 40915 - I,



### O RDER Before the Court is appellee’s second motion for extension of time in which to file his brief. Appellee requests a 60

- day extension until May 24, 2016. Th e case is currently set for submission on Tuesday, May 17, 2016

. Consequently, the Court GRANTS appellee an extension until Friday, May 13, 2016 . The case will be submitted without oral argument on Tuesday, May 17, 2016 , at 1:00 p.m

. /s/ ELIZABETH LANG

- M IERS PRESIDING JUSTICE
#### The Queen's Medical Ctr. v. Kagawa

19203

7/17/97

Dismissed
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4289 Introduced in House (IH)]

<DOC>

115th CONGRESS
  1st Session
                                H. R. 4289

To amend the Dodd-Frank Wall Street Reform and Consumer Protection Act 
  to repeal certain disclosure requirements related to coal and mine 
                                safety.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            November 7, 2017

 Mr. Mooney of West Virginia (for himself and Mr. Barr) introduced the 
   following bill; which was referred to the Committee on Financial 
                                Services

_______________________________________________________________________

                                 A BILL

 
To amend the Dodd-Frank Wall Street Reform and Consumer Protection Act 
  to repeal certain disclosure requirements related to coal and mine 
                                safety.

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

SECTION 1. REPEAL OF COAL AND MINE SAFETY DISCLOSURE REQUIREMENTS.

    (a) In General.--Section 1503 of the Dodd-Frank Wall Street Reform 
and Consumer Protection Act (15 U.S.C. 78m-2) is hereby repealed.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 
U.S.C. 5301 et seq.) is amended by striking the item relating to 
section 1503.
                                 <all>
```
<PAGE>

Exhibit 32

      CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
                PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT

         In connection with the Report of Amaru, Inc. (the "Company") on Form
10-QSB for the quarter ended March 31, 2007 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Colin Binny President
(Chief Executive Officer) and Chief Financial Officer of the
Company, 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 result of
         operations of the Company.


/s/ Colin Binny
-------------------------------------
President, CEO & CFO
May 21, 2007
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22

- 7144

HARRY A. BARRON , Petitioner

- Appellant ,

v. DONALD AMES, Superintendent, Mt. Olive, WV , Respondent

- Appellee

.

Appeal from the United States District Court for the Southern District of West Virginia , at Bluefield

. David A. Faber, Senior District Judge. ( 1:20

- cv - 00498 )

Submitted : February 16, 2023 Decided: February 22, 2023

Before GREGORY, Chief Judge, RUSHING , Circuit Judge , and FLOYD, Senior Circuit Judge.

Dismissed by un published per curiam opinion

.
Harry A. Barron , Appellant Pro Se. Lindsay Sara See , OFFICE OF THE ATTORNEY GENERAL , Charleston, West Virginia, for Appellee.

Unpublished o pinions are not binding precedent in this circuit. USCA4 Appeal: 22-7144 Doc: 12 Filed: 02/22/2023 Pg: 1 of 22 PER CURIAM: Harry A. Barron seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and dismissing as untimely Barron’s 28 U.S.C. § 2254 petition. See Gonzalez v. Thaler , 565 U.S. 134, 148 & n.9 (2012) (explaining that § 2254 petition s are subject to one

- year statute of limitations, running from latest of four
commencement dates enumerated in 28 U.S.C. § 2244(d)(1)). The order is not appealable unless a circuit ju stice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(A). 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). When , as here, the district

c ourt 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. Gonzalez , 565 U.S. at 140

- 41 (citing S lack v. McDaniel , 529 U.S. 473, 484 (2000))

. We have independently reviewed the record and conclude that Barron has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument w ould not aid the decisional process.
DISMISSED USCA4 Appeal: 22-7144 Doc: 12 Filed: 02/22/2023 Pg: 2 of 2
# C_2008171EN.01001601.xml

| 5.7.2008 | EN | Official Journal of the European Union | C 171/16 |
| --- | --- | --- | --- |

5.7.2008

EN

Official Journal of the European Union

C 171/16

---

Reference for a preliminary ruling from the Hoge Raad der Nederlanden lodged on 14 April 2008 — Siebrand BV, other party: Staatssecretaris van Financiën

(Case C-150/08)

(2008/C 171/27)

Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden (Netherlands)

Parties to the main proceedings

Appellant in cassation: Siebrand BV

Appellant in cassation:

Other party to the proceedings: Staatssecretaris van Financiën

Other party to the proceedings:

Questions referred

| 1. | Can a beverage which contains a certain amount of distilled alcohol but which otherwise corresponds to the definition of heading 2206 of the Combined Nomenclature (CN) be classified under that heading if the beverage in question is a fermented beverage which, as a result of the addition of water and particular ingredients, has lost the taste, smell and/or appearance of a beverage produced from a particular fruit or natural product? |
| --- | --- |

1.

Can a beverage which contains a certain amount of distilled alcohol but which otherwise corresponds to the definition of heading 2206 of the Combined Nomenclature (CN) be classified under that heading if the beverage in question is a fermented beverage which, as a result of the addition of water and particular ingredients, has lost the taste, smell and/or appearance of a beverage produced from a particular fruit or natural product?

| 2. | In the event of a positive answer to Question 1, what criterion should govern the determination as to whether the beverage is nevertheless to be classified under heading 2208 of the CN on the ground that it contains distilled alcohol? |
| --- | --- |

2.

In the event of a positive answer to Question 1, what criterion should govern the determination as to whether the beverage is nevertheless to be classified under heading 2208 of the CN on the ground that it contains distilled alcohol?

---