alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
State of New York

Supreme Court, Appellate Division

Third Judicial Department

Decided and Entered: January 29, 2015 105564 

________________________________

THE PEOPLE OF THE STATE OF

NEW YORK,

Respondent,

v MEMORANDUM AND ORDER

KEVIN DEVAULT,

Appellant.

________________________________

Calendar Date: December 16, 2014

Before: Lahtinen, J.P., McCarthy, Rose, Lynch and Clark, JJ.

__________

Gail B. Rubenfeld, Monticello, for appellant.

James R. Farrell, District Attorney, Monticello (Katy

Schlichtman of counsel), for respondent.

__________

Lynch, J.

Appeal from a judgment of the County Court of Sullivan

County (LaBuda, J.), rendered May 22, 2012, convicting defendant

upon his plea of guilty of the crimes of course of sexual conduct

in the first degree, course of sexual conduct in the second

degree, rape in the second degree and incest in the second

degree.

In satisfaction of a 17-count indictment, defendant pleaded

guilty to course of sexual conduct in the first degree, course of

sexual conduct in the second degree, rape in the second degree

and incest in the second degree. Defendant also executed a

written waiver of his right to appeal. Following the denial of

defendant's motion to vacate the plea, County Court sentenced him

to an aggregate term of 25 years in prison, to be followed by 20
-2- 105564 

years of postrelease supervision. Defendant now appeals.

We affirm. Initially, we reject defendant's argument that

his waiver of the right to appeal is invalid. Any ambiguity in

County Court's discussion of the waiver was resolved by the

written waiver and defendant's oral confirmation that he both had

signed the written waiver in the presence of counsel and was

waiving his right to appeal voluntarily (see People v Ramos, 7

NY3d 737, 738 [2006]; People v Fling, 112 AD3d 1001, 1002 [2013],

lv denied 23 NY3d 1020 [2014]; see also People v Bradshaw, 18

NY3d 257, 266-267 [2011]). Defendant's sole remaining challenge

on this appeal is that his plea must be deemed involuntary

inasmuch as his recitation of the facts did not establish the

elements of the crimes to which he pleaded guilty. This argument

amounts to a challenge to the facial sufficiency of his plea and

is barred by defendant's valid waiver of the right to appeal and

his failure to preserve the issue by raising it in his motion to

withdraw his plea (see People v Long, 117 AD3d 1326, 1326-1327

[2014], lv denied 24 NY3d 1003 [2014]; People v Mydosh, 117 AD3d

1195, 1196 [2014], lv denied 24 NY3d 963 [2014]). Moreover, this

is not the "rare case" that comes "within the narrow exception to

the preservation requirement" inasmuch as defendant's factual

recitation did not actually negate an essential element of the

crime to which he pleaded (People v Worden, 22 NY3d 982, 985

[2013] [internal quotation marks and citation omitted]; see

People v Mydosh, 117 AD3d at 1196; People v Teele, 92 AD3d 972,

972 [2012]).

Lahtinen, J.P., McCarthy, Rose and Clark, JJ., concur.

ORDERED that the judgment is affirmed.

ENTER:

Robert D. Mayberger

Clerk of the Court
[Federal Register Volume 63, Number 132 (Friday, July 10, 1998)]
[Notices]
[Page 37383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18520]


=======================================================================
-----------------------------------------------------------------------

FEDERAL DEPOSIT INSURANCE CORPORATION


Sunshine Act Meeting

    Pursuant to the provisions of the ``Government in the Sunshine 
Act'' (5 U.S.C. 552b), notice is hereby given that at 11:02 a.m. on 
Tuesday, July 7, 1998, the Board of Directors of the Federal Deposit 
Insurance Corporation met in closed session to consider matters 
relating to the Corporation's supervisory activities.
    In calling the meeting, the Board determined, on motion of Vice 
Chairman Andrew C. Hove, Jr., seconded by Director Ellen S. Seidman 
(Director, Office of Thrift Supervision), concurred in by Director 
Julie L. Williams (Acting Comptroller of the Currency), Director Joseph 
H. Neely (Appointive), and Chairman Donna Tanoue, that Corporation 
business required its consideration of the matters on less than seven 
days' notice to the public; that no earlier notice of the meeting was 
practicable; that the public interest did not require consideration of 
the matters in a meeting open to public observation; and that the 
matters could be considered in a closed meeting by authority of 
subsections (c)(4), (c)(6), (c)(8), and (c)(9)(A)(ii) of the 
``Government in the Sunshine Act'' (5 U.S.C. 552b(c)(4), (c)(6), 
(c)(8), and (c)(9)(A)(ii)).
    The meeting was held in the Board Room of the FDIC Building located 
at 550--17th Street, N.W., Washington, D.C.

    Dated: July 7, 1998.

Federal Deposit Insurance Corporation.
James D. LaPierre,
Deputy Executive Secretary.
[FR Doc. 98-18520 Filed 7-7-98; 5:02 pm]
BILLING CODE 6714-01-M
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                          44,500
<SECURITIES>                                         0
<RECEIVABLES>                                   27,900
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               114,000
<PP&E>                                       1,504,300
<DEPRECIATION>                                 204,300
<TOTAL-ASSETS>                               1,420,500
<CURRENT-LIABILITIES>                           66,200
<BONDS>                                        859,500
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                     494,800
<TOTAL-LIABILITY-AND-EQUITY>                 1,420,500
<SALES>                                              0
<TOTAL-REVENUES>                                74,000
<CGS>                                                0
<TOTAL-COSTS>                                   40,800
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              12,700
<INCOME-PRETAX>                                 22,000
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             22,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    22,000
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
[Federal Register Volume 63, Number 138 (Monday, July 20, 1998)]
[Notices]
[Page 38833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19274]


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

FEDERAL EMERGENCY MANAGEMENT AGENCY

[FEMA-1218-DR]


South Dakota; Amendment to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster for the 
State of South Dakota (FEMA-1218-DR), dated June 1, 1998 and related 
determinations.

EFFECTIVE DATE: June 22, 1998.

FOR FURTHER INFORMATION CONTACT: Madge Dale, Response and Recovery 
Directorate, Federal Emergency Management Agency, Washington, DC 20472, 
(202) 646-3260.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident 
period for this disaster is closed effective June 22, 1998.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA) 
are to be used for reporting and drawing funds: 83.537, Community 
Disaster Loans; 83.538, Cora Brown Fund Program; 83.539, Crisis 
Counseling; 83.540, Disaster Legal Services Program; 83.541, 
Disaster Unemployment Assistance (DUA); 83.542, Fire Suppression 
Assistance; 83.543, Individual and Family Grant (IFG) Program; 
83.544, Public Assistance Grants; 83.545, Disaster Housing Program; 
83.548, Hazard Mitigation Grant Program)
Lacy E. Suiter,
Executive Associate Director, Response and Recovery Directorate.
[FR Doc. 98-19274 Filed 7-17-98; 8:45 am]
BILLING CODE 6718-02-P
**Exhibit 31.1**

 

**CERTIFICATIONS PURSUANT TO**

**SECTION 302 OF THE**

**SARBANES-OXLEY ACT OF 2002**

 

I, Fred C. Schulte Chief Executive Officer of Elgin National Industries, Inc., certify that:

 

1. I have reviewed this annual report on Form 10-K of ElginNational Industries, Inc.; 

 

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

 

3. Based on my knowledge, thefinancial 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 thisreport; 

 

4. The registrant’s other certifying officersand 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 have: 

 

a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to bedesigned 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 isbeing prepared; 

 

b) Evaluated theeffectiveness 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 onsuch evaluation; and 

 

c) Disclosed in thisreport any change in the registrant’s internal control over financial reporting that occurred during the registrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and 

 

5. The registrant’s other certifying officers and I have disclosed, based on our most recent evaluation, of internal control over financialreporting, to the registrant’s auditors and the audit committee of registrant’s board of directors (or persons fulfilling the equivalent function): 

 

a) all significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting whichare 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’sinternal control over financial reporting. 

 

March 31, 2005
No. 10-10586.

#### Larry Butler, Petitioner v. Rick Thaler, Director, Texas Department of Criminal Justice, Correctional Institutions Division.

565 U.S. 841, 132 S. Ct. 152,

181 L. Ed. 2d 69,

2011 U.S. LEXIS 6105,

October 3, 2011.

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.
[Federal Register Volume 63, Number 138 (Monday, July 20, 1998)]
[Notices]
[Page 38835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19262]



[[Page 38835]]

=======================================================================
-----------------------------------------------------------------------

FEDERAL MARITIME COMMISSION

[Docket No. 98-12]


Panalpina Inc. v. Eastern Mediterranean Shipping Corp., Notice of 
Filing of Complaint and Assignment

    Notice is given that a complaint filed by Panalpina Inc. 
(``Complainant'') against Eastern Mediterranean Shipping Corp. 
(``Respondent'') was served July 15, 1998. Complainant alleges that 
Respondent has violated sections 10(b)(6)(D) and 10(d)(1) of the 
Shipping Act of 1984, 46 U.S.C. app. Secs. 1709(b)(6)(D) and (d)(1), by 
accepting two shipments for through movement, but failing to provide 
information as to the status and location of the shipments, failing to 
provide for the transhipment of the containers, failing to deliver the 
shipments to the designated consignees, retaining prepaid ocean freight 
charges received for the through movement of the shipments, and causing 
Complainant to incur additional storage, demurrage and ocean freight 
charges.
    This proceeding has been assigned to the office of Administrative 
Law Judges. Hearing in this matter if any is held, shall commence 
within the tine limitations prescribed in 46 CFR 502.61, and only after 
consideration has been given by the parties and the presiding officer 
to the use of alternative forms of dispute resolution. The hearing 
shall include oral testimony and cross-examination in the discretion of 
the presiding officer only upon proper showing that there are genuine 
issues of material fact that cannot be resolved on the basis of sworn 
statements, affidavits, depositions, or other documents or that the 
nature of the matter in issue is such that an oral hearing and cross-
examination are necessary for the development of an adequate record. 
Pursuant to the further terms of 46 CFR 502.61, the initial decision of 
the presiding officer in this proceeding shall be issued by July 15, 
1999, and the final decision of the Commission shall be issued by 
November 12, 1999.
Joseph C. Polking,
Secretary.
[FR Doc. 98-19262 Filed 7-17-98; 8:45 am]
BILLING CODE 6730-01-M
Exhibit
32.1





CERTIFICATIONS
PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002


(18
U.S.C. SECTION 1350)





In
connection with the Quarterly Report of Able Energy Inc. (the "Company"), on
Form 10-Q/A for the quarter ended December 31, 2006, as filed with the
Securities and Exchange Commission (the "Report"), Gregory D. Frost, Chief
Executive Officer of the Company and Daniel L. Johnston, Chief Financial Officer
of the Company, do each hereby certify, pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 (18 U.S.C. ss. 1350), that to his
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 Company.





/s/ Gregory D.
      FrostGregory
      D. FrostChief
      Executive Officer and ChairmanMarch
      13, 2008/s/Daniel L.
      JohnstonDaniel
      L. JohnstonChief
      Financial OfficerMarch
      13, 2008








[A signed
original of this written statement required by Section 906 has been provided to
Able Energy Inc. and will be retained by Able Energy Inc. and furnished to the
Securities and Exchange Commission or its staff upon
request.]
Exhibit 99.1


                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 135O,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT 0F 2002

In connection  with the Quarterly  Report of PocketSpec  Technologies  Inc. (the
"Company")  on Form  10-QSBSB for the period  ending July 31, 2002 as filed with
the Securities and Exchange Commission on the date hereof (the "Report').  I, F.
Jeffrey Krupka, Chief Executive Officer of the Company,  certify, pursuant to 18
USC ss. 1350, as adopted pursuant to ss. 906 of the  Sarbanes-Oxley Act of 2002,
that to the best of my knowledge and belief:

     (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 fully presents, in all material
respects, the financial condition and results of the Company.


              By: /s/   F. Jeffrey Krupka
                 -------------------------------------------------
                        F. Jeffrey Krupka,  Chief Executive Officer



           Dated: 09/13/02
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 Quarterly Report of Corinthian Colleges, Inc. (the Company) on Form 10-Q for the period ended September 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the
Report), I, Kenneth S. Ord, Executive Vice President and 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 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 result of operations of the Company.
|--- | ---------------------------------------------------------------------------------------------------------------------------------------------------



|                 |  |                                                     
|---------------- |  | ----------------------------------------------------
|November 9, 2007 |  | /s/ KENNETH S. ORD                                  
|                 |  | Kenneth S. Ord                                      
|                 |  | Executive Vice President and Chief Financial Officer
|                 |  | (Principal Financial Officer)
Motion Granted in Part; Abatement Order filed March 10, 2015

In The 

## Fourteenth Court of Appeals

____________ NO. 14

- 14

- 00924

- CV

____________ VINCENT ANTHONY MATA SSA AND ADAM HENRY R OBISON , Appellant s
V.

BRIGHTOIL PETROLEUM (USA), INC. , Appellee

On Appeal from the 234th District Court

Harris County, Texas Trial Court Cause No. 2012

- 37056



### ABATEMENT ORDER
The parties have filed a joint motion to postpone the briefing schedule. The motion is granted in part. The appeal is abated for 60 days.
The appeal will be reinstated on this court ’ s active docket after sixty days. Any party may file a motion stating grounds for reinstating the appeal before the end of the sixty

- day period. Any party may also file a motion to dismiss the appeal
or other d ispositive motion at any time. Any party may file a motion to extend theabatement period for completion of mediation or to finalize a settlement.

PER CURIAM
No. 11-5626.

#### Michael L. Brown, Petitioner v. Guy D. Pierce, Warden.

565 U.S. 916, 132 S. Ct. 335,

181 L. Ed. 2d 209,

2011 U.S. LEXIS 6097.

October 3, 2011.

Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.
No. 11-5802.

#### Robis Solis-Caceres, Petitioner v. United States.

565 U.S. 922, 132 S. Ct. 348,

181 L. Ed. 2d 219,

2011 U.S. LEXIS 6838.

October 3, 2011.

Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.
No. 11-5930.

#### Maria de Lourdes Cantu, Petitioner v. United States.

565 U.S. 925, 132 S. Ct. 357,

181 L. Ed. 2d 226,

2011 U.S. LEXIS 6846.

October 3, 2011.

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

Same case below, 426 Fed. Appx. 253.
**Exhibit 31.2**
**CERTIFICATION OF CHIEF FINANCIAL OFFICER**
I, Jeffrey D. Buchanan, certify that:
1. I have reviewed this annual report on Form 10-K of Three-Five Systems,Inc.;
2. Based on my knowledge, this report does not contain any untrue statementof a material fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which such statementswere made, not misleading with respect to the period covered by thisreport;
3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all materialrespects the financial condition, results of operations and cash flows ofthe registrant as of, and for, the periods presented in this report;
4. The registrant’s other certifying officer(s) and I are responsible forestablishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrantand have:
 a) Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made known tous by others within those entities, particularly during the period inwhich this report is being prepared;  b) Evaluated the effectiveness of the registrant’s disclosure controlsand procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the endof the period covered by this report based on such evaluation; and  c) Disclosed in this report any change in the registrant’s internalcontrol over financial reporting that occurred during the registrant’smost recent fiscal quarter (the registrant’s fourth fiscal quarter inthe case of an annual report) that has materially affected, or isreasonably likely to materially affect, the registrant’s internalcontrol over financial reporting; and
5. The registrant’s other certifying officer(s) and I have disclosed, basedon our most recent evaluation of internal control over financialreporting, to the registrant’s auditors and the audit committee of theregistrant’s board of directors (or persons performing the equivalentfunctions):
 a) All significant deficiencies and material weaknesses in the designor operation of internal control over financial reporting which arereasonably likely to adversely affect the registrant’s ability torecord, process, summarize and report financial information; and  b) Any fraud, whether or not material, that involves management orother employees who have a significant role in the registrant’sinternal control over financial reporting.
Date: March 15, 2004     /s/ Jeffrey D. BuchananJeffrey D. Buchanan Chief Financial Officer