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SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

771 

KA 14-00093 

PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, CURRAN, AND TROUTMAN, JJ. 

 

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, 

V MEMORANDUM AND ORDER

MAXWELL B. MOHAWK, DEFENDANT-APPELLANT. 

 

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (SUSAN C. MINISTERO OF

COUNSEL), FOR DEFENDANT-APPELLANT.

LORI PETTIT RIEMAN, DISTRICT ATTORNEY, LITTLE VALLEY, FOR RESPONDENT. 

 

Appeal from a judgment of the Cattaraugus County Court (Ronald D.

Ploetz, J.), rendered July 1, 2013. The judgment convicted defendant,

upon his plea of guilty, of assault in the first degree. 

It is hereby ORDERED that the judgment so appealed from is

unanimously affirmed. 

Memorandum: Defendant appeals from a judgment convicting him

upon his plea of guilty of assault in the first degree (Penal Law 

§ 120.10 [1]). As a preliminary matter, we agree with defendant that

“ ‘the waiver of the right to appeal is invalid because the minimal

inquiry made by [County Court] was insufficient to establish that the

court engage[d him] in an adequate colloquy to ensure that the waiver

of the right to appeal was a knowing and voluntary choice’ ” (People v

Benson, 141 AD3d 1171, 1172; see People v Cooper, 136 AD3d 1397, 1398,

lv denied 27 NY3d 1067). Defendant contends that the court abused its

discretion in refusing to grant him youthful offender status. We note

that we would address that contention even in the presence of a valid

waiver of the right to appeal because the issue was specifically

excluded from the purported waiver (see People v Johnson, 50 AD3d

1567, 1567). We nonetheless conclude that defendant’s contention is

without merit. The court properly considered the gravity of the

offense, i.e., defendant shot the victim multiple times in the upper

torso, which caused serious, life-threatening injuries, as well as

defendant’s lack of remorse (see People v Gibson, 134 AD3d 1517, 1518-

1519, lv denied 27 NY3d 1069; People v Driggs, 24 AD3d 888, 889). 

Furthermore, upon our review of the record, we see no reason to

exercise our own discretion in the interest of justice to adjudicate

defendant a youthful offender (cf. People v Amir W., 107 AD3d 1639,

1640-1641). Finally, the sentence is not unduly harsh or severe.

Entered: September 30, 2016 Frances E. Cafarell

Clerk of the Court
Exhibit
      32.1





CERTIFICATION
      PURSUANT TO


18
      U.S.C.
      SECTION 1350,


AS
      ADDED
      BY


SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002











In
      connection with the Annual Report of
      FPB Bancorp, Inc. on Form 10-KSB for the year ended December 31, 2007 as filed
      with the Securities and Exchange Commission (the “Report”), I, David W. Skiles,
      President and Chief Executive Officer of FPB Bancorp, Inc., certify, pursuant
      to
      18 U.S.C. §1350, as added by §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.
            To
                my knowledge, the information contained in the Report fairly presents,
                in
                all material respects, the financial condition and results of operations
                of First Peoples Bank as of and for the period covered by the
                Report.

















Date:                      March
      12,
      2008                                                                By:
/s/ David W. Skiles


David
      W.
      Skiles,


Principal
      Executive
      Officer
coke-ex102_208.htm



Exhibit 10.2

 

 

EXECUTION VERSION

 

FIRST AMENDMENT TO REGIONAL MANUFACTURING AGREEMENT

 

This First Amendment to Regional Manufacturing Agreement (this “Amendment”) is entered into on April 28, 2017 (the “Effective Date”), by and between The Coca-Cola Company, a Delaware corporation (“Company”), and Coca-Cola Bottling Co. Consolidated, a Delaware corporation (“Bottler”). Capitalized terms used but not otherwise defined herein shall have the respective meanings ascribed thereto in the Agreement (as hereinafter defined and as amended hereby).

RECITALS

 

WHEREAS, Company and Bottler are parties to that certain Regional Manufacturing Agreement (the “Agreement”), having an effective date of March 31, 2017; and

WHEREAS, Company and Bottler now wish to amend the Agreement as set forth herein.

NOW, THEREFORE, in consideration of these promises and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

1.The parties hereto hereby amend the Agreement by adding the following to Exhibit A (Regional Manufacturing Facilities): “Twinsburg, OH”.

2.Other than as expressly amended by this Amendment, the Agreement will continue in effect in accordance with its terms.

3.This Amendment shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to principles of conflict of laws.

4.This Amendment may be signed in counterparts, which together shall constitute one agreement.

 

[Signature Page Follows]

 





IN WITNESS WHEREOF, the parties hereto have executed this Amendment by their duly authorized representatives as of the date first written above.

 

 


			
	
 
	
THE COCA‐COLA COMPANY

	
 
	
 
	
 

	
 
	
 
	
 

	
 
	
By:
	
 /s/ J. A. M. Douglas, Jr.

	
 
	
 
	
Authorized Representative

	
 
	
 
	
 

	
 
	
 
	
 

	
 
	
 
	
 

	
 
	
COCA‐COLA BOTTLING CO. CONSOLIDATED

	
 
	
 
	
 

	
 
	
 
	
 

	
 
	
By:
	
 /s/ Lawrence K. Workman, Jr.

	
 
	
 
	
Authorized Representative

	
 
	
 
	
 




 

Signature Page to Amendment to Regional Manufacturing Agreement
Ralph E. BORDNER, Jr., Appellant, v. Sharon C. BORDNER, et al., Appellees.

No. 4D17-3299

District Court of Appeal of Florida, Fourth District.

August 2, 2018

**DECISION WITHOUT PUBLISHED OPINION**

*Affirmed.*
Exhibit 32.1  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 Basset Enterprises, Inc. (the "Company") on Form 10-Q for the period ended March 31, 2010 (the Report), I, Madam Sun Keqing, Chief Executive Officer of the Company, certify, 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 requirement 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 Company's financial position and results of operations.  May 18, 2010 /s/ Madam Sun Keqing     Chief Executive Officer
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staff profileRandolph L Kirk, Ph.D.
Exhibit 32.1

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADDED BY

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of FPB Bancorp, Inc. on Form 10-KSB for the year ended December 31, 2006 as filed with the Securities and
Exchange Commission (the Report), I, David W. Skiles, President and Chief Executive Officer of FPB Bancorp, Inc., certify, pursuant to 18 U.S.C. §1350, as added by §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. | To my knowledge, the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of First Peoples Bank as of and
for the period covered by the Report.
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                    |  |     |  |                                                       
|------------------- |  | --- |  | ------------------------------------------------------
|Date: April 5, 2007 |  | By: |  | /s/ David W. Skiles                                   
|                    |  |     |  | David W. Skiles, President and Chief Executive Officer
EXHIBIT
32.1





CERTIFICATION


Pursuant
to 18 U.S.C. 1350


(Section
302 of the Sarbanes-Oxley Act of 2002)





In
connection with the Annual Report on Form 10-K of Neah Power Systems, Inc.
(the “Company”) for the year ended September 30, 2009, as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), Gerard C.
D’Couto, Chief Executive Officer, hereby certifies, 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.





Date:  
      January 13, 2010
              By:
              /s/ GERARD  C.
      D’COUTOGerard
      C. D’CoutoChief
      Executive Officer








This
certification accompanies each Report pursuant to § 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 §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.
Felix L. CUEVAS-RODRIGUEZ, Appellant, v. STATE of Florida, Appellee.

No. 1D17-3937

District Court of Appeal of Florida, First District.

September 14, 2018

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
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<S>                                            <C>
<PERIOD-TYPE>                                3-MOS
<FISCAL-YEAR-END>                      DEC-31-2000
<PERIOD-START>                         JUN-30-2000
<PERIOD-END>                           SEP-30-2000
<CASH>                                           0
<SECURITIES>                                     0
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<OTHER-SE>                               (540,000)
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<EPS-BASIC>                                      0
<EPS-DILUTED>                                 0.02


</TABLE>
Romerio L. WALKER, Appellant/Petitioner(s), v. Grady C. JUDD, Sheriff, Appellee/Respondent(s).

CASE NO.: 2D18-1471

District Court of Appeal of Florida, Second District.

July 19, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.

Denied.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 97-7362
CLINZO MACKINS, Petitioner - Appellant, versus STATE OF SOUTH CAROLINA; CHARLES M. CONDON, Attorney G eneral of the State of South Carolina, Respondents - Appellees. Appeal from the United States District Court for the District of South Carolina, at Greenville. William B. Traxler, Jr., District Judge. (CA-96-3348-6-21AK) Submitted: March 26, 1998 Decided: April 7, 1998 Before WIDENER and MOTZ, Circuit Judges, and BUTZNER, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Clinzo Mackins, Appellant Pro Se. Donald John Zelenka, Chief Deputy Attorney General, Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant seeks to appeal the district court's order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 1997). We have reviewed the record and the district court's opinion accepting the recommendation of the magistrate judge andfind no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. Mackins v. South Carolina , No. CA-96-3348-6-21AK (D.S.C. Sept. 3, 1997). 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
Mircho MURDJEFF and El Diablo Enterprize Corporation, Appellants, v. The BANK OF NEW YORK f/k/a The Bank of New York, as Trustee (CWALT 2007-HY4), Appellee.

No. 4D17-2759

District Court of Appeal of Florida, Fourth District.

[August 9, 2018]

**DECISION WITHOUT PUBLISHED OPINION**

*Affirmed.*
Jude Mary DESCARDES, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D17-1125

District Court of Appeal of Florida, Second District.

December 26, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
I 

114TH CONGRESS 

2D SESSION H. R. 5498 

To amend the Internal Revenue Code of 1986 to authorize new empowerment 

zone designations for urban areas with high unemployment and high 

foreclosure rates, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 16, 2016 

Mr. MCNERNEY introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to authorize 

new empowerment zone designations for urban areas 

with high unemployment and high foreclosure rates, and 

for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Revitalize Our Cities 

5 Act’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
2 

•HR 5498 IH

1 SEC. 2. THREE-YEAR EXTENSION AND NEW EMPOWERMENT 

2 ZONE DESIGNATIONS FOR HIGH UNEMPLOY3 MENT AND FORECLOSURE AREAS. 

4 (a) EXTENSION.—Clause (i) of section 1391(d)(1)(A) 

5 of the Internal Revenue Code of 1986 is amended by strik6 ing ‘‘December 31, 2016’’ and inserting ‘‘December 31, 

7 2019’’. 

8 (b) ADDITIONAL DESIGNATIONS.—Section 1391 of 

9 such Code is amended by adding at the end the following 

10 new subsection: 

11 ‘‘(i) ADDITIONAL DESIGNATIONS PERMITTED.— 

12 ‘‘(1) IN GENERAL.—In addition to the areas 

13 designated under subsections (a), (g), and (h), the 

14 appropriate Secretaries may designate an additional 

15 20 nominated areas as empowerment zones under 

16 this section, subject to the availability of eligible 

17 nominated areas. Such zones shall be designated in 

18 urban areas. 

19 ‘‘(2) PERIOD DESIGNATIONS MAY BE MADE AND

20 TAKE EFFECT.—A designation may be made under 

21 this subsection after the date of the enactment of 

22 this subsection and before January 1, 2018. 

23 ‘‘(3) MODIFICATIONS TO ELIGIBILITY CRI24 TERIA.— 

25 ‘‘(A) UNEMPLOYMENT AND FORE26 CLOSURE.—A nominated area shall be eligible 


rfrederick on DSK6VPTVN1PROD with BILLS
3 

•HR 5498 IH

1 for designation under this subsection only if the 

2 average unemployment rate and the average 

3 rate of residential and commercial foreclosures 

4 in the area are each higher than that of the 

5 State within which the area is located for the 

6 period beginning January 1, 2012, and ending 

7 with the date of the enactment of this sub8 section. 

9 ‘‘(B) POPULATION.—Subparagraph (A) of 

10 section 1392(a)(1) shall be applied without re11 gard to clause (ii) thereof.’’. 

12 (c) EFFECTIVE DATE.—The amendments made by 

13 this section shall take effect on the date of the enactment 

14 of this Act. 

Æ 


rfrederick on DSK6VPTVN1PROD with BILLS
I 

114TH CONGRESS 

2D SESSION H. R. 5459 

To amend the Homeland Security Act of 2002 to enhance preparedness 

and response capabilities for cyber attacks, bolster the dissemination 

of homeland security information related to cyber threats, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 13, 2016 

Mr. DONOVAN (for himself, Mr. MCCAUL, Mr. RATCLIFFE, and Mr. PAYNE) 

introduced the following bill; which was referred to the Committee on 

Homeland Security 

A BILL 

To amend the Homeland Security Act of 2002 to enhance 

preparedness and response capabilities for cyber attacks, 

bolster the dissemination of homeland security information related to cyber threats, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Cyber Preparedness 

5 Act of 2016’’. 


smartinez on DSK3GLQ082PROD with BILLS
2 

•HR 5459 IH

1 SEC. 2. INFORMATION SHARING. 

2 Title II of the Homeland Security Act of 2002 is 

3 amended— 

4 (1) in section 210A (6 U.S.C. 124h)— 

5 (A) in subsection (b)— 

6 (i) in paragraph (6), by inserting ‘‘cy7 bersecurity risk information,’’ after ‘‘ter8 rorism information,’’; and 

9 (ii) in paragraph (8), by inserting ‘‘cy10 bersecurity risk information,’’ after ‘‘ter11 rorism information,’’; and 

12 (B) in subsection (d)(1), by inserting ‘‘cy13 bersecurity risk information,’’ after ‘‘terrorism 

14 information,’’; and 

15 (2) in section 227 (6 U.S.C. 148)— 

16 (A) in subsection (c)— 

17 (i) in paragraph (5)(B), by inserting 

18 ‘‘, including State and major urban area 

19 fusion centers, as appropriate’’ before the 

20 semicolon at the end; 

21 (ii) in paragraph (7)(C), by inserting 

22 ‘‘and best practices’’ after ‘‘defensive 

23 measures’’; and 

24 (iii) in paragraph (9), by inserting 

25 ‘‘and best practices’’ after ‘‘defensive 

26 measures’’; and 


smartinez on DSK3GLQ082PROD with BILLS
3 

•HR 5459 IH

1 (B) in subsection (d)(1)(B)(ii), by insert2 ing ‘‘and State and major urban area fusion 

3 centers, as appropriate’’ before the semicolon at 

4 the end. 

5 SEC. 3. HOMELAND SECURITY GRANTS. 

6 Subsection (a) of section 2008 of the Homeland Secu7 rity Act of 2002 (6 U.S.C. 609) is amended— 

8 (1) by redesignating paragraphs (4) through 

9 (13) as paragraphs (5) through (14), respectively; 

10 and 

11 (2) by inserting after paragraph (3) the fol12 lowing new paragraph: 

13 ‘‘(4) enhancing cybersecurity, including pre14 paring for and responding to cybersecurity risks and 

15 incidents;’’. 

16 SEC. 4. SENSE OF CONGRESS. 

17 It is the sense of Congress that to facilitate the timely 

18 dissemination to appropriate State, local, and private sec19 tor stakeholders of homeland security information related 

20 to cyber threats, the Secretary of Homeland Security 

21 should, to the greatest extent practicable, work to share 

22 actionable information related to cyber threats in an un23 classified form. 

Æ 


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