alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

971 KA 11-00648
PRESENT: SMITH, J.P., CENTRA, CARNI, GREEN, AND MARTOCHE, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V MEMORANDUM AND ORDER

GARRETT WALKER, DEFENDANT-APPELLANT.

MILLER, WEINER & ASSOCIATES, P.C., KINGSTON (CAPPY WEINER OF COUNSEL), FOR DEFENDANT-APPELLANT.

FRANK A. SEDITA, III, DISTRICT ATTORNEY, BUFFALO (SHAWN P. HENNESSY OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Supreme Court, Erie County (John L. Michalski, A.J.), rendered August 5, 2010. The judgment convicted defendant, upon a jury verdict, of sexual abuse in the first degree and endangering the welfare of a child.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him, following a jury trial, of sexual abuse in the first degree (Penal Law § 130.65 [3]) and endangering the welfare of a child (§ 260.10 [1]), defendant contends that Supreme Court erred in refusing to suppress both initial oral statements and subsequent written statements that he made to the police. We reject that contention. With respect to the oral statements, we conclude that the court properly determined that defendant was not in custody at the time he made those statements ( see generally People v Morales , 65 NY2d 997, 998). Indeed, the record of the suppression hearing establishes that a reasonable person, innocent of any crime, would not have believed that he or she was in custody during that time, given the circumstances of the initial interrogation ( see generally People v Yukl
, 25 NY2d 585, 589, cert denied 400 US 851; People v Andrews , 13 AD3d 1143, 1144).

Nor is there merit to defendant’s contention that the Miranda warnings administered prior to his subsequent written statements were ineffective because his interrogation constituted a continuous chain of events. Given our agreement with the court that the initial oral statements to the police were not the subject of custodial interrogation, it cannot be said that the subsequent written statements were the result of a continuation of “custodial” interrogation.-2- 971 KA 11-00648

We further conclude that the court did not err in refusing defendant’s request to allow defendant to present the testimony of a false confessions expert. It is well established that the admissibility of expert testimony is addressed primarily to the sound discretion of the trial court ( see People v Cronin , 60 NY2d 430, 433), and here we conclude that the court properly determined that the expert did not possess a professional or technical knowledge that was beyond the ken of the average juror ( see People v Hicks , 2 NY3d 750). Finally, we conclude that the court properly denied defendant’s motion for a subpoena duces tecum seeking the victim’s counseling records. The reason proferred by defendant for the motion was speculative, and thus “the quest for [the file’s] contents [was] merely a desperate grasping at a straw” ( People v Gissendanner , 48 NY2d 543, 550).

Entered: September 30, 2011 Patricia L. Morgan Clerk of the Court
<TABLE> <S> <C>

<PAGE>
<ARTICLE>           5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 1999, AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER>                                     1,000
<PERIOD-TYPE>                                     YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                          11,237
<SECURITIES>                                    52,456
<RECEIVABLES>                                   30,156
<ALLOWANCES>                                       709
<INVENTORY>                                      1,956
<CURRENT-ASSETS>                               110,740
<PP&E>                                          29,307
<DEPRECIATION>                                   8,441
<TOTAL-ASSETS>                                 832,595
<CURRENT-LIABILITIES>                          141,409
<BONDS>                                        509,414
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           336
<OTHER-SE>                                     159,660
<TOTAL-LIABILITY-AND-EQUITY>                   832,595
<SALES>                                              0
<TOTAL-REVENUES>                               328,372
<CGS>                                                0
<TOTAL-COSTS>                                  205,105
<OTHER-EXPENSES>                                96,785
<LOSS-PROVISION>                                 1,744
<INTEREST-EXPENSE>                              39,888
<INCOME-PRETAX>                               (13,458)
<INCOME-TAX>                                  (11,431)
<INCOME-CONTINUING>                            (2,027)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (2,027)
<EPS-BASIC>                                     (0.06)
<EPS-DILUTED>                                   (0.06)

</TABLE>
Exhibit 10.19


 


Freddie Mac Loan Number: 708050077


Property Name: The Villas At Oak Crest


AMO ID: 1729. 041


Pool: FREDDIE K-709


 


ALLONGE TO NOTE


 


This
Allonge is to be attached to and become part of that MULTIFAMILY NOTE (CME) dated January 31, 2012 made by VILLAS PARTNERS, LLC,
a Delaware limited liability company to CBRE Capital Markets, Inc., in the principal sum of $12,380,000.00.


 


Pay
to the order of U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF WELLS FARGO COMMERCIAL MORTGAGE SECURITIES,
INC., MULTIFAMILY MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2012-K709, without recourse, representation or warranty,
express or implied, except as provided in that certain Mortgage Loan Purchase Agreement, between Wells Fargo
Commercial Mortgage Securities, Inc., as Depositor, and Federal Home Loan Mortgage
Corporation, as Seller, dated as of June 1, 2012.


 


	 	FEDERAL HOME LOAN MORTGAGE
	 	CORPORATION, a corporation organized and
	 	existing under the laws of the United States


 


	 	By:	/s/ Mary Ellen Slavinskas
	 	 	Mary Ellen Slavinskas
	 	 	Assistant Treasurer
Exhibit 32.2


Section 1350 Certification,


As Adopted Pursuant To


Section 906 of the Sarbanes-Oxley Act of 2002


In connection with the Annual Report of Magma Design Automation, Inc. (the “Company”) on Form 10-K for the year ended May 1, 2011, as filed with the Securities and Exchange Commission on the date hereof, I, Peter S. Teshima, Chief Financial Officer of the Company, certify for the purposes of Section 1350 of Chapter 63 of Title 18 of the United States Code that, to the best of my knowledge,


|    |                                                                                                                                                                                                        
|--- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|(i) | the Annual Report of the Company on Form 10-K for the year ended May 1, 2011 (the “Report”), fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, and

|     |                                                                                                                                                     
|---- | ----------------------------------------------------------------------------------------------------------------------------------------------------
|(ii) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

/s/ Peter S.TeshimaPeter S. TeshimaCorporate Vice President, Finance andChief Financial OfficerJuly 14, 2011


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


The foregoing certification is being furnished with the Company's Form 10-K for the year ended May 1, 2011 pursuant to 18 U.S.C. § 1350. It is not being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and it is not to be incorporated by reference into any filing of the Company, whether made before or after the date hereof, regardless of any general incorporation language in such filing.
<PAGE>   1
                                                                    EXHIBIT 10.9

                       [OPTICAL SYSTEMS, INC. LETTERHEAD]



September 30, 1998


Mr. Raymond F. Sery
Federal Business Centers
Raritan Center Parkway
Edison, NJ 08837

Dear Mr. Sery:

This confirms our agreement with you for payment of financial services fees to 
assist the Company until such time as permanent financing can be obtained.

OSI agrees to compensate you at the rate of $10,000 per month commencing 
November 1, 1998. Payment will be either stock of OSI or cash at our option. 
The price of stock will be determined based on the closing bid price on the 
last day of trading for the month as quoted by NASDAQ-BB.

If this meets with your approval, please indicate your acceptance in the place 
provided below.

Sincerely,

/s/ WARREN R. ZIMMERMAN
---------------------------
Warren R. Zimmerman
President/CEO

Accepted: /s/ RAYMOND F. SERY
         ---------------------------- 
         Raymond F. Sery
# L_2011343EN.01001401.xml

| 23.12.2011 | EN | Official Journal of the European Union | L 343/14 |
| --- | --- | --- | --- |

23.12.2011

EN

Official Journal of the European Union

L 343/14

---

COMMISSION IMPLEMENTING REGULATION (EU) No 1376/2011

of 20 December 2011

entering a name in the register of protected designations of origin and protected geographical indications (Mongeta del Ganxet (PDO))

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:

| (1) | Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, Spain’s application to register the name ‘Mongeta del Ganxet’ was published in the Official Journal of the European Union (2). |
| --- | --- |

(1)

Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, Spain’s application to register the name ‘Mongeta del Ganxet’ was published in the Official Journal of the European Union (2).

| (2) | As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register, |
| --- | --- |

(2)

As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,

HAS ADOPTED THIS REGULATION:

Article 1

The name contained in the Annex to this Regulation is hereby entered in the register.

Article 2

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 December 2011.

For the Commission, On behalf of the President,

Dacian CIOLOȘ

Member of the Commission

---

(1)  
  OJ L 93, 31.3.2006, p. 12.

1

(2)  
  OJ C 124, 27.4.2011, p. 16.

2

---

ANNEX

Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.6.   Fruit, vegetables and cereals, fresh or processed

SPAIN

Mongeta del Ganxet (PDO)

---
EXHIBIT 3







Form 52-109F1 Certification of Annual Filings



I, Steve Manz, CEO of Freegold Ventures Limited certify that:



1.

I have reviewed the annual filings (as this term is defined in Multilateral Instrument 52-109 Certification of Disclosure in Issuers Annual and Interim Filings) of Freegold Ventures Limited (the issuer) for the period ending December 31, 2005;



2.

Based on my knowledge, the annual filings do not contain any untrue statement of a material fact or omit to state a material fact required to be stated or that is necessary to make a statement not misleading in light of the circumstances under which it was made, with respect to the period covered by the annual filings;



3.

Based on my knowledge, the annual financial statements together with the other financial information included in the annual filings fairly present in all material respects the financial condition, results of operations and cash flows of the issuer, as of the date and for the periods presented in the annual filings;



4.

The issuers other certifying officers and I are responsible for establishing and maintaining disclosure controls and procedures for the issuer, and we have:



(a)

designed such disclosure controls and procedures, or caused them to be designed under our supervision, to provide reasonable assurance that material information relating to the issuer, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which the annual filings are being prepared;



(b)

evaluated the effectiveness of the issuers disclosure controls and procedures as of the end of the period covered by the annual filings and have caused the issuer to disclose in the annual MD&A our conclusions about the effectiveness of the disclosure controls and procedures as of the end of the period covered by the annual filings based on such evaluation.





Date: March 27, 2006



Steve Manz

Steve Manz

CEO
# L_2012336EN.01008201.xml

| 8.12.2012 | EN | Official Journal of the European Union | L 336/82 |
| --- | --- | --- | --- |

8.12.2012

EN

Official Journal of the European Union

L 336/82

---

COUNCIL DECISION

of 6 December 2012

appointing a German member and a German alternate member of the Committee of the Regions

(2012/760/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,

Having regard to the proposal of the German Government,

Whereas:

| (1) | On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015. |
| --- | --- |

(1)

On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.

| (2) | A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Heinz MAURUS. |
| --- | --- |

(2)

A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Heinz MAURUS.

| (3) | An alternate member’s seat has become vacant following the end of the term of office of Dr Ekkehard KLUG, |
| --- | --- |

(3)

An alternate member’s seat has become vacant following the end of the term of office of Dr Ekkehard KLUG,

HAS ADOPTED THIS DECISION:

Article 1

The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:

| (a) | as member:






  — | Ms Anke SPOORENDONK, Ministerin für Justiz, Kultur und Europa, |
| --- | --- | --- |

(a)

as member:

—

Ms Anke SPOORENDONK, Ministerin für Justiz, Kultur und Europa,

and

| (b) | as alternate member:






  — | Mr Eberhard SCHMIDT-ELSAESSER, Staats-sekretär. |
| --- | --- | --- |

(b)

as alternate member:

—

Mr Eberhard SCHMIDT-ELSAESSER, Staats-sekretär.

Article 2

This Decision shall enter into force on the day of its adoption.

Done at Brussels, 6 December 2012.

For the Council

The President

S. CHARALAMBOUS

---

(1)  
  OJ L 348, 29.12.2009, p. 22.

1

(2)  
  OJ L 12, 19.1.2010, p. 11.

2

---
Exhibit 32.2 - Certification of Chief Financial Officer pursuant to Rule 13a-14(b) of the Exchange Act and 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 on Form 10-QSB of
Advant-e Corporation (the Company) for the quarterly period ended September 30, 2006 as filed with the Securities and Exchange Commission on the date hereof (the report), the undersigned, James E. Lesch, Chief Financial
Officer of the Company, certifies 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.



|                         |  |     |  |                        
|------------------------ |  | --- |  | -----------------------
|Dated: November 14, 2006 |  | By: |  | /s/ James E. Lesch     
|                         |  |     |  | James E. Lesch         
|                         |  |     |  | Chief Financial Officer



17
##### 



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 Mediacom Capital Corporation (the
Company) on Form 10-K for the period ended December 31, 2003 as filed with
the Securities and Exchange Commission on the date hereof (the Report), Rocco
B. Commisso, Chief Executive Officer and Mark E. Stephan, 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. March 26, 2004
    
    By:
    
    /s/ Rocco B. CommissoRocco B. CommissoChief Executive OfficerBy:
    
    /s/ Mark E. StephanMark E. StephanChief Financial Officer
EXHIBIT 32

                                  CERTIFICATION
                           Pursuant to 18 U.S.C. 1350
                 (Section 906 of the Sarbanes-Oxley Act of 2002)

In connection with the Quarterly Report on Form 10-Q of Ads In Motion, Inc. (the
"Company") for the period ended August 31, 2010, as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), Edward F. Myers III,
as Chief Executive Officer and Chief Financial Officer of the Company, hereby
certifies, 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 results of operations
          of the Company.


Date: 10/5/10                           By: /s/ Edward F. Myers III
                                            ------------------------------------
                                            Edward F. Myers III
                                            Chief Executive Officer & Chief
                                            Financial Officer

This certification accompanies each Report pursuant to ss. 906 of the
Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the
Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of ss.18
of the Securities Exchange Act of 1934, as amended.

A signed original of this written statement required by Section 906 has been
provided to the Company and will be retained by the Company and furnished to the
Securities and Exchange Commission or its staff upon request.
EXHIBIT 99.1

       Certification of Chief Executive Officer of clickNsettle.com, Inc.

This certification is provided pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, 18 U.S.C. 1350, and accompanies the quarterly report on Form 10-QSB
(the "Form 10-QSB") for the quarter ended September 30, 2002 of
clickNsettle.com, Inc. (the "Issuer").

I, Roy Israel, the Chief Executive Officer of Issuer, certify that:

      (i)   the Form 10-QSB fully complies with the requirements of Section
            13(a) or Section 15(d) of the Securities Exchange Act of 1934 (15
            U.S.C 78m(a) or 78o(d)); and

      (ii)  the information contained in the Form 10-QSB fairly presents, in all
            material respects, the financial condition and results of operations
            of the Issuer.


Dated:  November 12, 2002


                                        /s/ Roy Israel
                                        -----------------------------------
                                        Roy Israel - Chairman of the Board,
                                        CEO and President