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

[767 NYS2d 806]

Appeal by the defendant from a judgment of the Supreme Court, Queens County (McCann, J.), rendered March 12, 2001, convicting him of rape in the first degree and assault in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The trial court properly admitted expert testimony regarding rape trauma syndrome to aid the jury in understanding the unusual behavior of the first complainant after the rape occurred *(see People v Taylor,*75 NY2d 277 [1990]; *People v George,*277 AD2d 327 [2000]). The defendant’s argument that the *454expert’s testimony impermissibly bolstered the testimony of the second complainant is unpreserved for appellate review *(see*CPL 470.05 [2]) and, in any event, is without merit *(cf. People v Graham,*251 AD2d 426 [1998]).

The defendant’s contentions regarding certain remarks made by the prosecutor during summation are largely unpreserved for appellate review, as he failed to make timely objections *(see*CPL 470.05 [2]) and did not seek further ameliorative action after certain objections were sustained *(see People v Shelton,*307 AD2d 370 [2003]; *People v Rodriguez,*182 AD2d 844 [1992]; *People v Lewis,*175 AD2d 885 [1991]). In any event, no reversible error occurred *(see People v Gutierrez,*304 AD2d 458 [2003]; *People v Berta,*213 AD2d 659 [1995]; *People v Morris,*244 AD2d 361 [1997]). S. Miller, J.P., Krausman, Townes and Cozier, JJ., concur.
No. 10-5120.

#### Jimmie Dorsey, Petitioner v. United States.

562 U.S. 904, 131 S. Ct. 244,

178 L. Ed. 2d 162,

2010 U.S. LEXIS 6309.

October 4, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.
No. 10-6093.

#### Gregorio Zuniga-Holguin, Petitioner v. United States.

562 U.S. 944, 131 S. Ct. 368,

178 L. Ed. 2d 238,

2010 U.S. LEXIS 7361.

October 4, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

Same case below, 379 Fed. Appx. 362.
#### The People of the State of New York, Respondent, v Martin See, Appellant.

[767 NYS2d 879]

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Eng, J.), rendered January 29, 2002, convicting him of assault in the second degree and criminal possession of a weapon in the fourth degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the evidence was legally insufficient to prove his guilt beyond a reasonable doubt is unpreserved for appellate review (see CPL 470.05 [2]; *People v Finger,*95 NY2d 894, 895 [2000]; *People v Gray,*86 NY2d 10, 19-21 [1995]). In any event, viewing the evidence in the light most favorable to the prosecution (see *People v Contes,*60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt (see Penal Law § 120.05 [4]; *People v Granja,*194 AD2d 626, 627 [1993]; *see also*Penal Law § 265.01 [2]; *People v Perez,*45 NY2d 204, 209 [1978]), and to disprove the justification defense (see Penal Law § 35.05 [2]; § 35.10 [6]; § 35.15 [1]; *People v Reed,*40 NY2d 204, 209 [1976]).

Moreover, although the defendant argues that his witnesses were more plausible than the People’s witnesses, and that the testimony of the complaining witness was both implausible and inconsistent with that of the complaining witness’s father, these contentions merely involve issues of credibility. Resolution of issues of credibility, as well as the weight to be accorded to the evidence presented, are primarily questions to be determined by the finder of fact, who saw and heard the witnesses (see *People v Gaimari,*176 NY 84, 94 [1903]; *People v Carmody,*213 AD2d 720 [1995]; *People v Hainson,*161 AD2d 802 [1990]; *People v McKenzie,*133 AD2d 126 [1987]). Upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see CPL 470.15 [5]). S. Miller, J.P., Friedmann, Townes and Mastro, JJ., concur.
#### WDF Inc., Appellant, v The Trustees of Columbia University in the City of New York et al., Respondents.

[65 NYS3d 448]

Orders, Supreme Court, New York County (Barry R. Os-trager, J.), entered November 15, 2016, which, to the extent appealed from as limited by the briefs, granted defendants’ motions to dismiss the second cause of action as to all claims for costs incurred due to delays caused by a stop work order and the third and fourth causes of action in their entirety, unanimously affirmed, with costs.

The subcontract entered into by plaintiff contained a no-damages-for-delay provision. Such a provision “is valid and enforceable and is not contrary to public policy” where, as here, “the clause and the contract of which it is a part satisfy the requirements for the validity of contracts generally” *(Corinno Civetta Constr. Corp. v City of New York,*67 NY2d 297, 309 [1986]).

While the complaint here recites a list of purported causes for delays allegedly attributed to defendants, it sets forth no factual allegations in support of such claims. Similarly, it makes no factual allegations supporting the conclusory claim that such alleged delays fell within the exceptions to the no-damages-for-delay rule *(see Corinno,*67 NY2d at 309). Moreover, in opposition to defendants’ motions to dismiss pursuant to CPLR 3211 (a) (1) and (7), plaintiff failed to submit any affidavits or other materials that remedied the defects in the complaint *(Leon v Martinez,*84 NY2d 83, 88 [1994]).

Concur— Gische, J.P., Webber, Oing, Singh and Moulton, JJ.
#### People v Arterberry

4th Dept: 140 AD3d 1675 (Monroe)

denied 8/19/16 (Stein, J.)
No. 10-5042.

#### Anthony T. Kelly, Petitioner v. South Carolina Department of Corrections, et al.

562 U.S. 900, 131 S. Ct. 392,

178 L. Ed. 2d 154,

2010 U.S. LEXIS 6167.

October 4, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

Same case below, 382 Fed. Appx. 284.
#### In the Matter of Donnell Genyard, Petitioner, v Evelyn L. Braun, a Justice of the Supreme Court, Queens County, Respondent.

[47 NYS3d 910]

Proceeding pursuant to CPLR article 78, inter aha, in the nature of prohibition to prohibit the respondent, Justice Evelyn L. Braun, a Justice of the Supreme Court, Queens County, from transferring the petitioner’s habeas corpus petition in a proceeding entitled *Matter of Genyard v Ponte,*pending in Queens County, under Indictment No. 435/05, from Queens County to Chemung County, and application by the petitioner for poor person relief.

Ordered that the application for poor person relief is granted to the extent that the filing fee imposed by CPLR 8022 (b) is waived, and the application is otherwise denied; and it is further,

Adjudged that the petition is denied and the proceeding is dismissed on the merits, without costs or disbursements.

*809“Because of its extraordinary nature, prohibition is available only where there is a clear legal right, and then only when a court — in cases where judicial authority is challenged — acts or threatens to act either without jurisdiction or in excess of its authorized powers” *(Matter of Holtzman v Goldman,*71 NY2d 564, 569 [1988]; *see Matter of Rush v Mordue,*68 NY2d 348, 352 [1986]).

The petitioner failed to demonstrate a clear legal right to the relief sought.

Dillon, J.P., Roman, Hinds-Radix and Duffy, JJ., concur.
# Workforce Recruitment Program Spotlight: Rebecca Eigen

/ Published Oct. 12, 2023
NEW CUMBERLAND, Pa., 
To celebrate National Disability Employee Awareness Month (NDEAM), the Defense Logistics Agency would like to feature Rebecca Eigen, a Workforce Recruitment Program (WRP) intern at DLA Distribution Headquarters Public Affairs Office.

Eigen competed her undergraduate degree at the Indiana University of Pennsylvania, majoring in communications and marketing. She learned about the WRP program through her university’s disability adviser.

“Participating in the WRP Program was an exciting opportunity for me,” she said. “I was excited to get hands-on experience. I also had the privilege of learning about the inner workings of the organization, which gave me a deeper understanding of its mission and values. My supervisor and co-workers’ wealth of knowledge has been invaluable, and their advice and insights have shaped my professional outlook.”

“I am grateful for the opportunity to work at DLA through the WRP. This program has not only allowed me to strengthen my skills, but it also has enriched my resume with valuable experiences. I am thankful for all the valuable experience and support I have received in both applying for the program and working at DLA.”

Eigen has been enjoying her internship and the work she is doing.

“My internship at DLA has been insightful. I have had the opportunity to work on a diverse range of tasks, from writing articles to design projects. My supervisors and co-workers have been incredibly supportive. They consistently provide insightful advice and are always available to answer questions, fostering an environment of growth and learning. This internship has enabled me to acquire new skills and refine existing ones. It has also provided me with material to add to my portfolio, which will benefit my future career. Overall. It’s been a wonderful experience, and I am looking forward to my remaining time here.”

Eigen believes that it is crucial for DLA to recognize NDEAM.

“I believe that it is important for DLA and other organization to recognize NDEAM,” she said. “This recognition serves to highlight the importance of disability inclusion in the workforce, which is a key aspect of diversity and inclusion policies. By recognizing NDEAM, organizations like DLA can foster a more inclusive and supportive working environment for disabled workers. I also think recognizing NDEAM emphasizes that individuals with disabilities should have equal opportunities to contribute their unique skills and talents to the workforce.”
[Federal Register Volume 63, Number 120 (Tuesday, June 23, 1998)]
[Notices]
[Page 34193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16306]


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

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Letters of Authorization to Take Marine Mammals

AGENCY: U.S. Fish and Wildlife Service, Interior.

ACTION: Notice of issuance of Letters of Authorization to take marine 
mammals incidental to oil and gas industry activities.

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

SUMMARY: In accordance with section 101(a)(5)(A) of the Marine Mammal 
Protection Act of 1972, as amended, and the U.S. Fish and Wildlife 
Service implementing regulations [50 CFR 18.27(f)(3)], notice is hereby 
given that Letters of Authorization to take polar bears and Pacific 
walrus incidental to oil and gas industry exploration, development, and 
production activities have been issued to the following companies:

------------------------------------------------------------------------
            Company                  Activity           Date issued     
------------------------------------------------------------------------
BP Exploration (Alaska) Inc     Exploration        June 8, 1998.        
------------------------------------------------------------------------

FOR FURTHER INFORMATION CONTACT:
Mr. John W. Bridges at the U.S. Fish and Wildlife Service, Marine 
Mammals Management Office, 1011 East Tudor Road, Anchorage, Alaska 
99503, (800) 362-5148 or (907) 786-3810.

SUPPLEMENTARY INFORMATION: Letters of Authorization were issued in 
accordance with U.S. Fish and Wildlife Service Federal Rules and 
Regulations ``Marine Mammals; Incidental Take During Specific 
Activities (58 FR 60402; November 26, 1993); modified and extended (60 
FR 42805; August 17, 1995).

    Dated: June 11, 1998.
David B. Allen,
Regional Director.
[FR Doc. 98-16306 Filed 6-22-98; 8:45 am]
BILLING CODE 4310-55-M
No. 09-1358.

#### Craig Mason, Petitioner v. Columbia Basin College, et al.

562 U.S. 830, 131 S. Ct. 92,

178 L. Ed. 2d 28,

2010 U.S. LEXIS 6389.

October 4, 2010.

Petition for writ of certiorari to the Court of Appeals of Washington, Division 3, denied.

Same case below, 150 Wash. App. 1016.
# Troop Support provides ‘morale boost’ to servicemembers with religious support items 

/ Published April 10, 2023
PHILADELPHIA, 
Manually tracking orders for religious items like wine and palm reflects the significance of Defense Logistics Agency Troop Support Clothing and Textiles supply chain’s annual support to servicemembers across the globe for Easter, Passover, Ash Wednesday, and Palm Sunday.

This year the religious support team provided 15 orders of wine or grape juice, 68 orders of palm and Orthodox palm, 44 Seder kits and 25 orders of ashes, according to lead customer support account specialist Christine McCann.

McCann coordinated with stakeholders to complete all the orders with guidance from Supervisory Customer Relationship Specialist Christopher Gaudio.

“This is a morale-based program, when our service members can feel like their home, wherever they are in the world, it’s definitely a morale booster,” Gaudio said. “It’s a truly high visibility program.”

McCann and Gaudio coordinated with DLA teams including DLA Distribution and other federal agencies like U.S. Central Command and the Department of State to clear customs and ensure items made it to servicemembers on time.

Each year C&T sends out electronic marketing blasts three to four months ahead of the spring holidays to customers at nearly 80,000 Department of Defense Activity Address Codes with prices, timelines and other key ordering information in coordination DLA Logistics Operations.

In addition to C&T’s support, the Subsistence supply chain also provided nearly $365,000 in Passover kosher Meals, Ready-to-Eat to servicemembers around the world.
Motion Denied as Moot, Opinion of May 16, 2013 Withdrawn; Appeal 

Reinstated and Order filed July 11, 2013.

In The

Fourteenth Court of Appeals

____________

NO. 14-13-00080-CV

____________

RR MALOAN INVESTMENTS, INCL., Appellant

V.

NEW HGE, INC., Appellee

On Appeal from the County Civil Court at Law No. 4

Harris County, Texas

Trial Court Cause No. 1011775

ORDER

On May 16, 2013, this Court issued an opinion dismissing this appeal for 

want of prosecution. The court, on its own motion, and within its plenary 

jurisdiction, withdraws its opinion issued May 16, 2013 and reinstates the appeal. 

Appellant’s brief is due 30 days from the date of this order. Appellant’s motion to 

extend time to file motion for rehearing filed July 1, 2013 is denied as moot.

PER CURIAM
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT
RALPH CARL GILBERT, ) ) Appellant, ) ) v. ) Case No. 2D17-2401 ) STATE OF FLORIDA, ) ) Appellee. ) ) Opinion filed May 18, 2018. Appeal from the Circuit Court for Pasco County; Mary M. Handsel, Judge. Howard L. Dimmig, II, Public Defender, and Pamela H. Izakowitz, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Katherine Coombs Cline, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Affirmed. CASANUEVA, BLACK, and ROTHSTEIN-YOUAKIM, JJ., Concur.
No. 12-8108.

#### Souza *v.*California.

Sup. Ct. Cal. Certiorari denied.
#### The People of the State of New York, Respondent, v Venard Lawhorn, Appellant.

[64 NYS3d 887]

*463Judgment, Supreme Court, New York County (Juan M. Merchan, J.), rendered March 11, 2013, convicting defendant, after a jury trial, of grand larceny in the fourth degree and criminal possession of stolen property in the fourth degree, and sentencing him, as a second felony offender, to concurrent terms of two to four years, unanimously affirmed.

The court correctly declined to submit the lesser included offenses of petit larceny and criminal possession of stolen property in the fifth degree. Nothing in the record casts doubt on the People’s extensive and uniform evidence establishing that the selling price of the jacket defendant stole exceeded $1000. Accordingly, there was no reasonable view of the evidence that defendant committed the lesser offenses, but not the greater *(see e.g. People v Nashal,*130 AD3d 480, 482 [1st Dept 2015], *lv denied*26 NY3d 1010 [2015]). The speculative possibilities asserted by defendant under which the jacket might have had a value below the statutory threshold do not constitute an “identifiable, rational basis on which the jury could reject a portion of the prosecution’s case which is indispensable to establishment of the higher crime and yet accept so much of the proof as would establish the lesser crime” *(People v Scarborough,*49 NY2d 364, 369-370 [1980]).

Concur—Tom, J.P., Renwick, Gische, Oing and Singh, JJ.
No. 10-5576.

#### Ralph Dewayne McNeil, Petitioner v. United States.

562 U.S. 929, 131 S. Ct. 321,

2010 U.S. LEXIS 7374.

178 L. Ed. 2d 209,

October 4, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

Same case below, 375 Fed. Appx. 991.
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2372 Engrossed Amendment Senate (EAS)]

103d CONGRESS

  2d Session 

                                S. 2372

_______________________________________________________________________

                  SENATE AMENDMENT TO HOUSE AMENDMENTS
                  In the Senate of the United States,

                       October 6 (legislative day, September 12), 1994.
      Resolved, That the Senate agree to the amendments of the House of 
Representatives to the bill (S. 2372) entitled ``An Act to reauthorize 
for three years the Commission on Civil rights, and for other 
purposes'' with the following

                 SENATE AMENDMENT TO HOUSE AMENDMENTS:

    Page 10, line 12, strike out [September 30, 1995] and insert: 
September 30, 1996

            Attest:

                                                             Secretary.
```
# Jacksonville employees walk to raise awareness for preventing heart disease

/ Published Sept. 19, 2022
RICHMOND, Va., 
A handful of Defense Logistics Agency Aviation at Jacksonville, Florida employees and their relatives put on their physical activity gear, laced up their sneakers and pounded the pavement to bring awareness to the importance of heart health by participating in the American Heart Association’s annual First Coast Heart Walk held at the Jacksonville Fairgrounds Sept. 10.

According to the AHA, cardiovascular disease occurs every 39 seconds and is the number one killer of all Americans. Heart disease also kills more women than all forms of cancer combined, and congenital cardiovascular defects are the most common cause of infant death from birth defects.

Taking part in the event was personal for Supervisory Inventory Management Specialist Bennora Simmons who suffered a heart attack in 2018.

“Supporting events like the First Coast Heart Walk is extremely important to me, not just because I’m a survivor of heart disease but it’s important because I must learn ways to live with this disease for the rest of my life and help others learn how to prevent it as much as possible,” Bennora said.

While Simmons is not a medical doctor, her experience with heart disease more than qualifies her to give this bit of sound advice to others.

“There are signs that can easily be ignored, which sometimes leads to misfortune. If folks know the common symptoms, stay on top of their fitness, and don’t be afraid to see a doctor when something isn’t quite right, we may be able to save more lives.”
# HDIFC encourages healthy living at Winter Wellness Fair 

/ Published Feb. 10, 2023
BATTLE CREEK, Mich. , 
Battle Creek Morale Welfare and Recreation and Hart-Dole-Inouye Federal Center’s Voluntary Protection Program Wellness Committee partnered to host the Winter Wellness Health Fair Feb. 8 in Battle Creek, Michigan.  

                Battle Creek MWR and VPP Wellness Committee hosted a Winter Wellness Fair at the Hart-Dole-Inouye Federal Center in Battle Creek, Michigan, Feb. 8.                            HDIFC Hosts Winter Wellness Fair                            Battle Creek MWR and VPP Wellness Committee hosted a Winter Wellness Fair at the Hart-Dole-Inouye Federal Center in Battle Creek, Michigan, Feb. 8.            SHARE IMAGE:Download ImageImage DetailsPhoto By: Kelly BurellVIRIN: 230208-D-FL969-102MWR Fitness Manager Randy Holt used Defense Logistics Agency’s four wellness pillars - mental, physical, social, and spiritual – as a guide to organize this year’s health fair.

“Using the four pillars was a way to talk about different elements about our health during a time of year when it’s harder to get outside, get vitamin D, get out and spend time to family and friends,” Holt said. “Trying to have a plethora of resources to help people stay healthy when we are most at risk during the winter season was very important during the planning process.”                HDIFC Winter Wellness Fair offered numerous services like nutrition assistance, a variety of fitness resources like yoga, cycling, group fitness classes, mental health resources, music therapy, and more.                            HDIFC Hosts Winter Wellness Fair                            HDIFC Winter Wellness Fair offered numerous services like nutrition assistance, a variety of fitness resources like yoga, cycling, group fitness classes, mental health resources, music therapy, and more.            SHARE IMAGE:Download ImageImage DetailsPhoto By: Kelly BurellVIRIN: 230208-D-FL969-103

The Venetian Dining Room housed 40 exhibitors offering a numerous services like nutrition assistance, a variety of fitness resources like yoga, cycling, group fitness classes, mental health resources, music therapy, and more.

Additionally, attendees observed services on the spot with live demonstrations of Reiki, body analysis by the Battle Creek MWR fitness team, and EmSculp Neo – a noninvasive technique that uses high frequency radio and magnetic resonance imaging wave technology to destroy fat cells.

“It’s nice to see these kinds of events happening again,” DLA Disposition Services Management and Program Analyst Liberty Moore said. “I wanted to see what new services may be available that didn't used to be. My favorite vendor was probably the K-9 Companions - mostly because I got to pet the dogs. That really brightened my day.”

To increase building awareness, DLA programs set up booths for the Sexual Assault Prevention and Response, Ergonomics, Employee Assistance Program, and the Battle Creek MWR Family Advocacy Programs.

For more information about Battle Creek MWR’s programs and services, please visit their website.
II

Calendar No. 590

103D CONGRESS

2D SESSION S. 2355

[Report No. 103–348]

To authorize a certificate of documentation for the vessel EMPRESS.

IN THE SENATE OF THE UNITED STATES

AUGUST 3 (legislative day, JULY 20), 1994

Mr. LOTT introduced the following bill; which was read twice and referred to

the Committee on Commerce, Science, and Transportation

AUGUST 19 (legislative day, AUGUST 18), 1994

Reported by Mr. HOLLINGS, without amendment

A BILL

To authorize a certificate of documentation for the vessel

EMPRESS.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That notwithstanding sections 12106, 12107, and 12108

4 of title 46, United States Code, and section 27 of the Mer5 chant Marine Act, 1920 (46 App. U.S.C. 883), as applica6 ble on the date of enactment of this Act, the Secretary

7 of Transportation may issue a certificate of documentation
2

S 2355 RS

1 for the vessel EMPRESS, United States official number

2 975018.

Calendar No. 590

103D CONGRESS

2D SESSION S. 2355

[Report No. 103–348]

A BILL

To authorize a certificate of documentation for the

vessel EMPRESS.

AUGUST 19 (legislative day, AUGUST 18), 1994

Reported without amendment