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

[630 NYS2d 368]

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cooperman, J.), rendered September 30, 1993, convicting him of robbery in the first degree, robbery in the second degree (two counts), and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress identification testimony.

Ordered that the judgment is reversed, on the law, the complainant’s showup identification is suppressed, and a new trial is ordered, to be preceded by an independent source hearing.

The defendant was arrested after fleeing from the stolen car in which he had been a passenger. The police found an illegal gun in the car. The defendant claims that he did not know the car was stolen. According to the defendant, the driver of the *710car picked him up before the arrest, and told him that he had gotten the car from a friend.

The car was stolen almost two hours before the arrest, at a location approximately two miles away. The police transported the complainant, who had been at the precinct, to the arrest location. A showup was conducted, and the complainant identified the the handcuffed defendant, who was being held, together with the handcuffed driver of the car, in the vicinity of the stolen vehicle by several police officers. Under the circumstances of this case, the showup identification should have been suppressed *(see, People v Johnson,*81 NY2d 828; *People v Riley,*70 NY2d 523, 530; *People v Adams,*53 NY2d 241, 248). The complainant never testified at the *Wade*hearing. Therefore, a de novo hearing to determine whether or not the complainant had an independent source for his identification must be held prior to a new trial *(see, People v Burts,*78 NY2d 20).

Since a new trial must be held, we take this opportunity to point out some unacceptable practices engaged in by the prosecutor at trial. Chief among these was the prosecutor’s repeated suggestions during cross-examination and summation argument that either the complainant was correct in his identification of the defendant as one of the perpetrators, or he was lying. This tactic has been repeatedly condemned by this Court *(see, People v Leuthner,*216 AD2d 327). Similarly, the prosecutor made excessive references to the defendant’s criminal record, improperly implying that the defendant’s criminal record indicated a likelihood that he committed the crimes charged *(see, People v Wright,*41 NY2d 172, 175; *People v Robinson,*191 AD2d 595; *People v Stewart,*153 AD2d 706).

In view of the foregoing, we need not reach the defendant’s remaining contentions. Miller, J. P., O’Brien, Ritter and Gold-stein, JJ., concur.
No. 12-445.

#### Esso Standard Oil Co. *v.*Trilla Pinero et al.

Sup. Ct. P. R. Motion of Puerto Rico Manufacturers Association for leave to file brief as *amicus curiae*granted. Certiorari denied.

Justice Alito took no part in the consideration or decision of this motion and this petition.
No. 12-8009.

#### Carey *v.*Alabama.

Ct. Crim. App. Ala. Cer-tiorari denied.
#### Com. v. Poole

10/07/2015

279 EAL (2015)

Denied

Pa.Super., 118 A.3d 450
<PAGE>   1

                                                                    EXHIBIT 23.1


The Board of Directors
Procom Technology, Inc.:

We consent to incorporation by reference in the registration statements (No.
333-23905, 333-82229 and 333-82231) on Form S-8 of Procom Technology, Inc., of
our report dated September 22, 2000, except as to note 14, which is as of
October 10, 2000, relating to the consolidated balance sheets of Procom
Technology, Inc. and its subsidiaries as of July 31, 1999 and 2000, and the
related consolidated statements of operations, shareholders' equity, and cash
flows for the years then ended, and the related schedule, which report appears
in the July 31, 2000, annual report on Form 10-K of Procom Technology, Inc.


                                                  KPMG LLP


Orange County, California
October 27, 2000
COURT OF APPEALS OF VIRGINIA

Present: Judges Elder, Clemen ts and Senior Judge Annunziata

JUSTIN EVERETT PECK MEMORANDUM OPINION * v. Record No. 1401-06-4 PER CURIAM OCTOBER 10, 2006 R.G. MANAGEMENT SERVICES, INC.

FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION (Benjamin J. Trichilo; Trich ilo, Bancroft, McGavin, Horvath & Judkins, P.C., on briefs), for appellant. (Frederick T. Schubert, III; Angela Fleming Gibbs; Midkiff, Muncie & Ross, P.C., on brief), for appellee.

Justin Everett Peck (claimant) appeals a decision of the Workers’ Compensation Commission finding that (1) he fail ed to prove he sustained an in jury by accident arising out of his employment on December 8, 2004; (2) the effect s of his idiopathic fall were not compensable within the purview of Southland Corp. v. Parson , 1 Va. App. 281, 338 S.E.2d 162 (1985); and (3) the “street risk” doctrine was inapplicable . Claimant also cont ends the commission improperly relied upon the transcript of his depos ition testimony, which was not filed or made a part of the record. We have reviewed the record, the commission’s opinion, and its order denying claimant’s motion for reconsideration, a nd find that this appeal is without merit. 1

* Pursuant to Code § 17.1-413, this opin ion is not designated for publication.

1 We disagree with claimant’s assertion th at the commission’s orde r ruling on claimant’s motion for reconsideration was merely advisory because the commission lost jurisdiction over the case before it entered that order. The commission denied claimant’s motion for reconsideration on June 6, 2006. The United States Postal Service “Track & Confirm” receipt contained in the record reflects that claima nt’s counsel received the commission’s May 5, 2006 review opinion on May 10, 2006. Therefore, the co mmission retained juri sdiction over the case for the thirty-day period after May 10, 2006. See Code § 65.2-706(B); Rule 5A:11(b), Rules of- 2 - Accordingly, we affirm for the reasons stated by the commission in its final opinion and order denying the motion for reconsideration. See Peck v. R.G. Management Services, Inc. , VWC File No. 221-86-15 (May 5, 2006), and Peck v. R.G. Management Services, Inc. , VWC File No. 221-86-15 (June 6, 2006). We dispense with oral argument and summarily affirm because the facts and legal contentions are adequately pr esented in the materials before the Court and argument would not aid the de cisional process. See Code § 17.1-403; Rule 5A:27.

Affirmed.

Supreme Court of Virginia. Thus, as of J une 6, 2006, the commission sti ll had jurisdiction over the case. Claimant’s filing of his notice of appeal prior to that date did not deprive the commission of jurisdiction.
<PAGE>

                                                                    EXHIBIT 32.1

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350

            In connection with the Quarterly Report of Mills Music Trust. (the
"Trust") on Form 10-Q for the fiscal quarter ended September 30, 2004, as filed
with the Securities and Exchange Commission (the "Report"), the undersigned
certify, pursuant to 18 U.S.C. Section 1350, that to our 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 operations of the
Trust.

Date: November 9, 2004                 Joel Faden
     ---------------------             --------------------------

                                       Joel Faden, Joel Faden & Company, Inc.
                                       Chief Financial Individual
                                       Providing accounting services

* The statements of cash receipts and disbursements reflect only cash
transactions and do not include transactions that would be recorded in financial
statements presented on the accrual basis of accounting. The Trust is required
to distribute all funds received after payment of expenses. Accordingly, the
Trust has not prepared any statements of financial condition or cash flows.
<PAGE>

                                                                    EXHIBIT 32.B


                            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 Quarterly Report on Form 10-Q for the period
ending March 31, 2004, of ANR Pipeline Company (the "Company") as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Greg G.
Gruber, Senior Vice President, Chief Financial Officer, Treasurer and Director,
certify (i) that the Report fully complies with the requirements of Section
13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and (ii) that
the information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.


                                                /s/ Greg G. Gruber
                                           -------------------------------------
                                           Greg G. Gruber
                                           Senior Vice President, Chief
                                           Financial Officer, Treasurer
                                             and Director
                                           (Principal Financial
                                             and Accounting Officer)

                                           August 13, 2004


A signed original of this written statement required by Section 906 has been
provided to ANR Pipeline Company and will be retained by ANR Pipeline Company
and furnished to the Securities and Exchange Commission or its staff upon
request.
2015!Wi\!7 '1!:20 

Aprill3, 2015 

Director, Chemical Control Division 

US Environmental Protection Agency 

Office of Pollution Prevention and Taxies 

EPA East 

Room4146 

1201 Constitution Avenue, NW 

Washington, DC 20004 

Re: EPA- HQ- OPPT- 2003- 0012 

CBIC Control Number 

364711 

DuPont Chemicals and Fluoroproducts 

Chambers Works 

Deepwater, NJ 08023 

DuPont Chambers Works NJPDES Permit No. NJ0005100 

PFOA Data Submittal- Outfall DSN662 Weekly Grab Samples 

March 2015 Sample Data 

Dear Chemical Control Division: 

Attached please find summaries of PFOA analytical results for the DuPont Chambers Works 

weekly grab samples taken at internal outfall DSN662A in March 2015. 

In accordance with the current site NJPDES permit (NJ0005100, effective September 2011), 

these results are provided to NJDEP on a monthly basis via electronic discharge monitoring 

reports. The enclosures include two paper and two electronic copies of the analytical results 

from this monitoring period. 

Sincerely, 

l c:~t;;r:::::_=::~= "· ~ J 13/1 s 

Ammtia Jeyarajasingam 

Area Manager-Secure Environmental Treatment 

DuPont Chambers Works 

AJ/clc 

Enclosures 
Copy to: 

Document Control Office 

US Environmental Protection Agency 

Office of Pollution Prevention and Taxies 

EPA East 

Room6428 

1200 Pennsylvania Avenue, NW 

Washington, DC 20460 

Ms. Heather Genievich (cover letter only) 

NJDEP Division of Water Quality 

Bureau of Surface Water Permitting 

Mail Code 40 l-02B 

401 E. State Street 

P.O.Box420 

Trenton, NJ 08625-0420 
SampleiD 

Date 

Top (ft) 

Total (T)/ Bottom (ft) 

Analyte units Diss. (D) Duplicate# 

PFOA ug/L T 

<and ND = Non detect at stated reporting limit 

Summary of Analytical Results 

662 - March 2015 

662-GRAB 662-GRAB 662-GRAB 

3/2/15 3/9/15 3/16/15 

0 0 0 

0 0 0 

1 1 1 

2.08 3.25 12.0 

PFOA = Perfluorooctanoic Acid 

ug/L = micrograms per Liter 

662-GRAB 

3/23/15' 

0 

0 

1 

8.001 

, ug/L - micrograms per liter or parts per billion (ppb) 

LOQ- limit of quantification- 0.100 ug/L 

662-GRAB 

3/30/151 

0' 

0 

1 

4.85 

, 

Samples were analyzed by Critical Path Services LLC. Reported results 

represent a single analysis. except for the sample collected on 3/2/15. 

Acceptable precision was obtained and the reported result for 

the sample collected on 3/2/15 represents the average of lab 

duplicate results. I I 

I 

The NJDEP lab certification number for Critical Path Services LLC is PA072. 

Page 1 of 1 

I 

I 

Copy of cwk 662 results_mar15.xls:Sheet1 

4/13/2015 i 0:05AM
#### Von Colln, Appellant, *v.*Pennsylvania Railroad Company.

Argued November 16, 1950.

Before Drew, C. J., Stearns, Jones, Bell, Ladner and Chidsey, JJ.

*234
      *David Freeman,*for appellants.

*F. Hastings Griffin, Jr.,*with him *Theodore Toorhees*and *Barnes, Dechert, Price, Myers S Clark,*for appellee.

April 17, 1951:

Opinion

Per Curiam,

Judgment affirmed on the Per Curiam opinion of the learned court below.
# L_2010270EN.01005301.xml

| 14.10.2010 | EN | Official Journal of the European Union | L 270/53 |
| --- | --- | --- | --- |

14.10.2010

EN

Official Journal of the European Union

L 270/53

---

COMMISSION REGULATION (EU) No 921/2010

of 13 October 2010

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),

Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,

Whereas:

Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.

Article 2

This Regulation shall enter into force on 14 October 2010.

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

Done at Brussels, 13 October 2010.

For the Commission, On behalf of the President,

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 299, 16.11.2007, p. 1.

1

(2)  
  OJ L 350, 31.12.2007, p. 1.

2

---

ANNEX

Standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | MA | 70,7 |
| MK | 58,1 |
| TR | 95,0 |
| ZZ | 74,6 |
| 0707 00 05 | MK | 66,6 |
| TR | 128,9 |
| ZZ | 97,8 |
| 0709 90 70 | TR | 125,7 |
| ZZ | 125,7 |
| 0805 50 10 | AR | 71,2 |
| BR | 100,4 |
| CL | 95,2 |
| IL | 91,2 |
| TR | 94,6 |
| UY | 117,2 |
| ZA | 64,9 |
| ZZ | 90,7 |
| 0806 10 10 | BR | 211,5 |
| TR | 133,1 |
| ZA | 64,2 |
| ZZ | 136,3 |
| 0808 10 80 | AR | 75,7 |
| BR | 51,1 |
| CL | 149,6 |
| CN | 82,6 |
| NZ | 111,9 |
| ZA | 94,5 |
| ZZ | 94,2 |
| 0808 20 50 | CN | 96,0 |
| ZA | 88,6 |
| ZZ | 92,3 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

MA

70,7

MK

58,1

TR

95,0

ZZ

74,6

0707 00 05

MK

66,6

TR

128,9

ZZ

97,8

0709 90 70

TR

125,7

ZZ

125,7

0805 50 10

AR

71,2

BR

100,4

CL

95,2

IL

91,2

TR

94,6

UY

117,2

ZA

64,9

ZZ

90,7

0806 10 10

BR

211,5

TR

133,1

ZA

64,2

ZZ

136,3

0808 10 80

AR

75,7

BR

51,1

CL

149,6

CN

82,6

NZ

111,9

ZA

94,5

ZZ

94,2

0808 20 50

CN

96,0

ZA

88,6

ZZ

92,3

---

(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘
  ZZ
  ’ stands for ‘of other origin’.

---
No. 12-7840.

#### Green *v.*Justices of the Court of Criminal Appeals of Texas et al.

C. A. 5th Cir. Motion of petitioner for leave to proceed *in forma pauperis*denied, and certiorari dismissed. See this Court’s Rule 39.8. As petitioner has repeatedly abused this Court’s process, the Clerk is directed not to accept any further petitions in noncriminal matters from petitioner unless the docketing fee required by Rule 38(a) is paid and the petition is submitted in compliance with Rule 33.1. See *Mar*
      *1191
      *tin*v. *District of Columbia Court of Appeals,*506 U. S. 1 (1992) *(per curiam).*
April 29, 2014

CAAP-13-0003270, CAAP-13-0002792, CAAP-13-0002731

#### Rita v. State

Vacated and Remanded
**CONSENT
        OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**
 
 
 We
        consent to incorporation by reference in the Registration Statements (Nos.
        333-41847, 333-84760, 333-116802 and 333-144701) on Form S-8 and the
        Registration Statements (No. 333-35284, 333-111722 and 333-127761) on Form
        S-3 of Interactive Systems Worldwide Inc. of our report dated January 10,
        2008,
        with respect to the financial statements included in this Annual Report on
        Form
        10-KSB for the year ended September 30, 2007.
 
 
 New
        York,
        New York
 January
        10, 2008
No. 12-7785.

#### Acuna *v.*United States.

C. A. 11th Cir.

Certiorari denied.

Justice Kagan took no part in the consideration or decision of this petition.
2017-0132.

#### State v. McGee.

Hamilton App. No. C-150496, 2016-Ohio-7510. On motion for leave to file delayed appeal. Motion fails for want of four votes.

Kennedy and O’Neill, JJ., dissent.

Fischer and DeWine, JJ., not participating.
No. 85-6682.

#### Parkhurst *v.*Quarles, Warden, et al.

Ct. App. Mich. Certiorari denied.
No. 12-8486.

#### Naddi *v.*California.

Sup. Ct. Cal. Motion of petitioner for leave to proceed *in forma pauperis*denied, and certiorari dismissed. See this Court’s Rule 39.8.
[Federal Register Volume 63, Number 96 (Tuesday, May 19, 1998)]
[Notices]
[Pages 27585-27586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13220]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Indian Gaming

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of amendment to approved Tribal-State Compact.

-----------------------------------------------------------------------

SUMMARY: Pursuant to Section 11 of the Indian Gaming Regulatory Act of 
1988, Pub. L. 100-497, 25 U.S.C. 2710, the Secretary of the Interior 
shall publish, in the Federal Register, notice of approved Tribal-State 
Compacts for the purpose of engaging in Class III (casino) gambling

[[Page 27586]]

on Indian reservations. The Assistant Secretary--Indian Affairs, 
Department of the Interior, through his delegated authority, has 
approved Amendment IV to the Confederated Tribes of the Warm Springs 
Reservation of Oregon and the State of Oregon Gaming Compact, which was 
executed on March 23, 1998.

DATES: This action is effective May 19, 1998.

FOR FURTHER INFORMATION CONTACT: George T. Skibine, Director, Indian 
Gaming Management Staff, Bureau of Indian Affairs, Washington, D.C. 
20240, (202) 219-4068.

    Dated: May 12, 1998.
Kevin Gover,
Assistant Secretary--Indian Affairs.
[FR Doc. 98-13220 Filed 5-18-98; 8:45 am]
BILLING CODE 4310-02-P
ACADIA NATIONAL HEALTH SYSTEMS, INC.
                    COMPUTATION OF BASIC EARNINGS PER SHARE

                 Twelve Months Ended September 30, 1999 and 1998
                     (in thousands, except per share data)

<TABLE>
<CAPTION>

                                       Fiscal Year Ended    Fiscal Year Ended
                                       September 30,        September 30,
Description                            1999                 1998

                                       -----------------    ----------------
<S>                                    <C>                  <C>
Weighted average shares outstanding
during the period                      4,453,712            3,744,321

Shares issuable upon assumed exercise
of stock options, less amounts assumed
repurchased under the treasury stock           0                    0
method                                 -----------------    ----------------

Total weighted average common stock
and common stock equivalents
outstanding during the period          4,453,712            3,744,321
                                       =================    ================

Net income from continuing operations $ (665,830)           $  53,650

Discontinued operation, net of tax             0                    0

Extraordinary items, net of tax                0                    0
                                       -----------------    ----------------
Net income                            $ (665,830)           $  53,650
                                       =================    ================


Net income per common share:          $   (.1495)           $    .0143

</TABLE>
# U n i ted S t a te s C o u r t o f A ppe a l s F OR T HE D IS TRICT OF C OLUM BIA C IRCUI T

___ ___ ___ ___ 

## No. 21-5196 September Term, 2021 1: 21-c v -018 71-UNA Filed O n: Janu ary25 , 20 22 Franklin C. S mith ,

App ellant
v . T ibbe f , U.S. Depu ty M arsha l, an d h is supe rv isor in co llusion with Florida Ma rshals and oth er of

f icers, App ellee
ON A PPE A L FROM THE UNITED STA TES DIS TRICT COURT FOR THE DISTRICT OF COLUMBIA BEFORE: Rogers and Pillard, Circuit Ju dges, a nd Sen telle, Sen ior Circuit

Judge J U D G M E N T T his ap pea l w as co nside red o n th e reco rd f rom the United Sta tes District Cou rt for th e District of

Colum bia a nd on the brief f iled b y the ap pellan t. S ee Fed. R. Ap p. P

. 34(a )(2); D.C. Cir. Rule 34 (j). It is ORDERED A ND A DJUDGED tha t th e d istrict court’s o rder f iled A ugust 5 , 20 21, dism issing the ca se p ursua nt t o Fe dera l Rule o f Civ il Proced ure 8 (a) be af f irmed . T he district cou rt correctly conclud ed tha t th e co mp laint failed to se t ou t “a sh ort a nd plain state me nt o f

the claim sho w ing thatthe plea der is e ntitled to relief ,” w ith su f f icient factu al informa tion to m eetthe m inimu m plea ding stan dard s of Rule 8 (a). T he v arious argume nts ra ised in ap pellan t’s brief do no t castdo ubton this co nclusion

. Pursua nt t o D.C. Circuit Ru le 36 , th is dispo sition will no t be pu blished . T he Clerk is directe d to w ithho ld issua nce of the m and ate he rein u ntil seven d ays af ter reso lution

# U n i ted S t a te s C o u r t o f A ppe a l s F OR T HE D IS TRICT OF C OLUM BIA C IRCUI T

___ ___ ___ ___ 

## No. 21-5196 September Term, 2021
of an y tim ely petition for rehe aring or pe tition for rehe aring en ban c. S ee Fed. R. Ap p. P. 4 1(b); D.C. Cir. Rule 41

. Per Curiam FOR THE COURT: Mark J. La nger, Clerk BY: /s/ Daniel J. Reidy Depu ty Cl erk

Page 2
No. 12-609.

#### Kansas *v.*Cheever.

Sup. Ct. Kan. Motion of respondent for leave to proceed *informa pauperis*granted. Cer-tiorari granted limited to Question 1 presented by the petition.