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

[631 NYS2d 679]

Judgment, Supreme Court, New York County (Howard Bell, J.), rendered July 15, 1992, convicting defendant, after a jury trial, of two counts of robbery in the first degree and two counts of robbery in the second degree and sentencing him to two terms of 4 to 12 years and two terms of 3 to 9 years, all to run concurrently, unanimously affirmed.

Viewing the evidence in the light most favorable to the People and giving them the benefit of all rational inferences which can be drawn therefrom, defendant’s guilt was proven beyond a reasonable doubt *(Jackson v Virginia,*443 US 307, 319; *People v Malizia,*62 NY2d 755, 757, *cert denied*469 US 932). Upon an independent review of the record, we find the verdict was not against the weight of the evidence *(People v Bleakley,*69 NY2d 490, 495). Both complainants immediately identified defendant as one of the robbers within minutes after the crime and less than eight blocks from where it had taken place, and, when defendant was directed to approach by an of*531ficer, he fled *(see, People v Moses,*63 NY2d 299, 308). Indeed, defendant was so concerned with being interrogated and/or detained by the police that, to avoid apprehension, he shed his jacket when the officer grabbed hold of him and then darted in and out of moving traffic. Moreover, defendant was observed by the officers and the victims to have been wearing an orange-red jacket and baseball cap, the garb of one of the knife-wielding perpetrators. The fact that the victims may have been traumatized by the crime and, consequently, did not furnish more detailed descriptions of the robbers to the police, even offering accounts which differed in some minor respects, does not thereby render their identification testimony unreliable as a matter of law. Under the circumstances, the jury was entirely warranted in rejecting defendant’s contention that the victims were confused or mistaken in their identification of him as one of the men who had robbed them. Concur — Rosenberger, J. P., Rubin, Asch, Williams and Mazzarelli, JJ.
Exhibit 31.1

I, Christopher G. Payan, certify that:

         1. I have reviewed this Form 10-Q of Emerging Vision, Inc.;

         2. Based on my knowledge, this report does not contain any untrue
statement of a material fact or omit to state a material fact necessary to make
the statement made, in light of the circumstances under which such statement was
made, not misleading with respect to the period covered by this report;

         3. Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material respects the
financial condition, results of operations and cash flows of the registrant as
of, and for, the periods presented in this report;

         4. The registrant's other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and we have:

         (a) Designed such disclosure controls and procedures, or caused such
disclosure controls and procedures to be designed under our supervision, to
ensure that material information relating to the registrant, including its
consolidated subsidiaries, is made known to us by others within those entities,
particularly during the period in which this report is being prepared;

         (b) Evaluated the effectiveness of the registrant's disclosure controls
and procedures and presented in this report our conclusions about the
effectiveness of the disclosure controls and 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 financial reporting that occurred during the registrant's most
recent fiscal quarter that has materially affected, or is reasonably likely to
materially affect, the registrant's internal control over financial reporting;
and

         5. The registrant's other certifying officer and I have disclosed,
based on our most recent evaluation of internal control over financial
reporting, to the registrant's auditors and the audit committee of the
registrant's board of directors (or persons performing the equivalent
functions):

         (a) All significant deficiencies and material weaknesses in the design
or operation of internal control over financial reporting which are reasonably
likely to adversely affect the 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 have a significant role in the registrant's internal control
over financial reporting.


Date: May 16, 2005


/s/ Christopher G. Payan
------------------------
Christopher G. Payan
Chief Executive Officer
#### The People of the State of New York, Respondent, v Jamie C. Bowman, Appellant.

[631 NYS2d 525]

Appeal by the defendant from a judgment of the County Court, Orange County (Byrne, J.), rendered April 15, 1994, convicting him of burglary in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

We have reviewed the record and agree with the defendant’s assigned counsel that there are no nonfrivolous issues which could be raised on appeal. Counsel’s application for leave to withdraw as counsel is granted *(see, Anders v California,*386 US 738; *People v Paige,*54 AD2d 631; *cf., People v Gonzalez,*47 NY2d 606). Mangano, P. J., O’Brien, Ritter, Pizzuto and Florio, JJ., concur.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          MAR-31-1998
<PERIOD-START>                             OCT-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                             230
<SECURITIES>                                     8,958
<RECEIVABLES>                                    2,267
<ALLOWANCES>                                       224
<INVENTORY>                                        719
<CURRENT-ASSETS>                                12,448
<PP&E>                                           1,807
<DEPRECIATION>                                     924
<TOTAL-ASSETS>                                  13,546
<CURRENT-LIABILITIES>                              994
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            72
<OTHER-SE>                                      12,480
<TOTAL-LIABILITY-AND-EQUITY>                    13,546
<SALES>                                          2,488
<TOTAL-REVENUES>                                 2,488
<CGS>                                            1,146
<TOTAL-COSTS>                                    1,146
<OTHER-EXPENSES>                                 2,299
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  (811)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              (811)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (811)
<EPS-PRIMARY>                                   (0.11)
<EPS-DILUTED>                                   (0.11)
        

</TABLE>
<TABLE> <S> <C>

<ARTICLE>                     5

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>               MAR-31-2001
<PERIOD-END>                    SEP-30-2000
<CASH>                          1,889,620
<SECURITIES>                            0
<RECEIVABLES>                  23,059,585
<ALLOWANCES>                   (1,299,497)
<INVENTORY>                    18,036,719
<CURRENT-ASSETS>               43,791,773
<PP&E>                          6,308,329
<DEPRECIATION>                 (3,579,146)
<TOTAL-ASSETS>                 67,173,569
<CURRENT-LIABILITIES>          32,452,986
<BONDS>                                 0
<PREFERRED-MANDATORY>                   0
<PREFERRED>                             0
<COMMON>                           40,138
<OTHER-SE>                              0
<TOTAL-LIABILITY-AND-EQUITY>   67,173,569
<SALES>                        48,267,302
<TOTAL-REVENUES>               48,267,302
<CGS>                          28,707,944
<TOTAL-COSTS>                  15,017,907
<OTHER-EXPENSES>                  128,858
<LOSS-PROVISION>                        0
<INTEREST-EXPENSE>              2,441,879
<INCOME-PRETAX>                 1,970,713
<INCOME-TAX>                      775,822
<INCOME-CONTINUING>             1,194,892
<DISCONTINUED>                          0
<EXTRAORDINARY>                         0
<CHANGES>                               0
<NET-INCOME>                    1,194,892
<EPS-BASIC>                          0.30
<EPS-DILUTED>                        0.30



</TABLE>
<TABLE> <S> <C>


<ARTICLE>      5
<LEGEND>
    THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S CONSOLIDATED CONDENSED FINANCIAL STATEMENTS FOR THE THREE MONTHS ENDED
MARCH 31, 1998 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                             717 
<SECURITIES>                                         0 
<RECEIVABLES>                                   29,022 
<ALLOWANCES>                                     1,166 
<INVENTORY>                                      3,273 
<CURRENT-ASSETS>                                18,198 
<PP&E>                                          14,338 
<DEPRECIATION>                                   4,724 
<TOTAL-ASSETS>                                  46,953 
<CURRENT-LIABILITIES>                           12,338 
<BONDS>                                         11,666 
<PREFERRED-MANDATORY>                                0 
<PREFERRED>                                          0 
<COMMON>                                           143 
<OTHER-SE>                                      23,867 
<TOTAL-LIABILITY-AND-EQUITY>                    46,953 
<SALES>                                          5,813 
<TOTAL-REVENUES>                                 8,888 
<CGS>                                            1,589 
<TOTAL-COSTS>                                    9,859 
<OTHER-EXPENSES>                                     0 
<LOSS-PROVISION>                                    90 
<INTEREST-EXPENSE>                               1,468 
<INCOME-PRETAX>                                   (971)
<INCOME-TAX>                                         0 
<INCOME-CONTINUING>                               (971)
<DISCONTINUED>                                       0 
<EXTRAORDINARY>                                      0 
<CHANGES>                                            0 
<NET-INCOME>                                      (971)
<EPS-PRIMARY>                                     (.07)
<EPS-DILUTED>                                     (.07)
                                               

<FN>
   Amounts inapplicable or not disclosed as a separate line on the Statement of
Financial Position or Results of Operations are reported at -0- herein.

* Notes and accounts receivable - trade are reported net of allowances for 
  doubtful account in the Statement of Financial Position. 
</FN>


</TABLE>
Exhibit 32.2

                            ZENEX INTERNATIONAL, INC.



                    Certification by Chief Financial 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 on Form 10-Q of Zenex
International, Inc. (the "Company") for the three months ended March 31, 2006 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Reggie Cook, Chief Financial 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, to the best of 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 result of the operations of
     the Company.



                                           By:      /s/ Reggie Cook
                                                      Reggie Cook
                                                 Chief Financial Officer
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 04-7529

MARK FRANCIS HANNA,

Petitioner - Appellant,

versus

STATE OF WEST VIRGINIA; HOWARD PAINTER; THOMAS

MCBRIDE, Warden, Mount Olive Correctional

Complex,

Respondents - Appellees.

Appeal from the United States District Court for the Southern

District of West Virginia, at Parkersburg. Joseph Robert Goodwin,

District Judge. (CA-01-150-6)

Submitted: March 30, 2005 Decided: April 11, 2005

Before WILKINSON and NIEMEYER, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Mark Francis Hanna, Appellant Pro Se. Dawn Ellen Warfield, OFFICE

OF THE ATTORNEY GENERAL OF WEST VIRGINIA, Charleston, West

Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Mark Francis Hanna, a West Virginia inmate, seeks to

appeal the district court’s order denying relief on his petition

filed under 28 U.S.C. § 2254 (2000). An appeal may not be taken

from the final order in a habeas corpus proceeding unless a circuit

justice or judge issues a certificate of appealability. 28 U.S.C.

§ 2253(c)(1) (2000). A certificate of appealability will not issue

for claims addressed by a district court absent “a substantial

showing of the denial of a constitutional right.” 28 U.S.C.

§ 2253(c)(2) (2000). A prisoner satisfies this standard by

demonstrating that reasonable jurists would find that his

constitutional claims are debatable and that any dispositive

procedural rulings by the district court are also debatable or

wrong. See Miller-El v. Cockrell, 537 U.S. 322, 336 (2003); Slack

v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d 676,

683 (4th Cir. 2001). We have independently reviewed the record and

conclude that Hanna has not made the requisite showing.

Accordingly, we deny Hanna’s motion to amend his § 2254 petition,

deny his motion for appointment of counsel, 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 the court and argument would not

aid the decisional process. 

DISMISSED
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COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: UNICO Retail, LLC and Ricardo Valentini v. Edry B & K -11, GP, a 

Texas general partnership and Walter E. Salek, individually

Appellate case number: 01-21-00642-CV

Trial court case number: 2021-33085

Trial court: 55th District Court of Harris County

Appellants UNICO Retail, LLC and Ricardo Valentini have filed a motion to dismiss this 

interlocutory appeal, which was set for submission with oral argument on September 14, 2022.

The certificate of conference states that counsel for appellants has conferred with counsel for 

appellees, who indicated that the appellees are unopposed. 

The Court requests a response to this motion indicating whether dismissal of this 

interlocutory appeal “would prevent [the appellees] from seeking relief to which [they] would 

otherwise be entitled.” See TEX. R. APP. P. 42.1(a)(1). The appellees’ response is due 

Wednesday, August 31, 2022.

It is so ORDERED.

Judge’s signature: _____/s/ Peter Kelly________

 Acting individually  Acting for the Court

Date: ___August 26, 2022__
Exhibit 99.1

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANTTO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Alabama National BanCorporation (“Alabama National”) on Form 10-Q for the period endedMarch 31, 2003 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, John H. Holcomb, III, Chief Executive Officer of Alabama National, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuantto Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge:

(1)          The Report fully complies with the requirementsof Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

(2)          The information contained in the Report fairly presents, in allmaterial respects, the financial condition and results of operations of Alabama National.

|   | /s/ JOHN H. HOLCOMB, III                                       |   |
|--------|----------------------------------------------------------------|--------|
|   |                                                                |   |
|   | **John H. Holcomb, III  Chief Executive Officer May 12, 2003** |   |
|   |                                                           |   |
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No. 86-927.

#### Wilks et al. *v.*Mouton et al.

Sup. Ct. Cal. Certiorari denied.