alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

778 

KA 15-00437 

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

 

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, 

V MEMORANDUM AND ORDER

GEORGE ALFRED, JR., DEFENDANT-APPELLANT.

 

LINDA M. CAMPBELL, SYRACUSE, FOR DEFENDANT-APPELLANT. 

WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (JAMES P. MAXWELL

OF COUNSEL), FOR RESPONDENT. 

 

Appeal from a judgment of the Onondaga County Court (Joseph E.

Fahey, J.), rendered July 7, 2014. The judgment convicted defendant,

upon his plea of guilty, of murder in the second degree and kidnapping

in the second 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, inter alia, murder in the second degree

(Penal Law § 125.25 [1]). We reject defendant’s contention that

County Court abused its discretion in denying his motion to withdraw

his guilty plea without conducting an evidentiary hearing. 

“ ‘When a defendant moves to withdraw a guilty plea, the nature and

extent of the fact-finding inquiry rest[s] largely in the discretion

of the Judge to whom the motion is made and a hearing will be granted

only in rare instances’ ” (People v Manor, 27 NY3d 1012, 1013, quoting

People v Brown, 14 NY3d 113, 116; see People v Tinsley, 35 NY2d 926,

927; People v Green, 122 AD3d 1342, 1343). Here, the motion to

withdraw the guilty plea was supported by an affidavit from defendant

detailing his claims, and the court permitted defense counsel to argue

the motion. We therefore conclude that defendant was “afforded a

reasonable opportunity to advance his claims” and that the court did

not abuse its discretion in denying the motion without a hearing

(People v Witcher, 222 AD2d 1016, 1016, lv denied 87 NY2d 1027; see

Manor, 27 NY3d at 1013; People v Zimmerman, 100 AD3d 1360, 1362, lv

denied 20 NY3d 1015). In any event, defendant’s “ ‘conclusory and

unsubstantiated assertion’ ” that his plea was coerced is belied by

his statements during the plea proceedings (People v McKinnon, 5 AD3d

1076, 1076-1077, lv denied 2 NY3d 803; see People v Quijada-Lopez, 256 
-2- 778 

KA 15-00437 

AD2d 478, 478, lv denied 93 NY2d 928).

Entered: September 30, 2016 Frances E. Cafarell

Clerk of the Court
EXHIBIT 32.1
                                  ------------

                   CERTIFICATION PURSUANT TO RULE 13a-14(b) OR
                      RULE 15d-14(b) and 18 U.S.C. ss.1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the quarterly report of American Capital Partners Limited,
Inc. (the "Company") on Form 10-KSB for the period ended December 31, 2003 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, C. Frank Speight, Principal Executive Officer of the Company,
certify, pursuant to 18 U.S.C. ss.1350, as adopted pursuant to Section 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: September 23, 2004                    By: /s/ C. Frank Speight
                                                --------------------

                                            C. Frank Speight
                                            Principal Executive Officer

                                       40
```

[Federal Register Volume 89, Number 249 (Monday, December 30, 2024)]
[Notices]
[Page 106624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30811]

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

POSTAL SERVICE

Product Change--Priority Mail Express, Priority Mail, and USPS 
Ground Advantage[supreg] Negotiated Service Agreement

AGENCY: Postal ServiceTM.

ACTION: Notice.

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

SUMMARY: The Postal Service gives notice of filing a request with the 
Postal Regulatory Commission to add a domestic shipping services 
contract to the list of Negotiated Service Agreements in the Mail 
Classification Schedule's Competitive Products List.

DATES: Date of required notice: December 30, 2024.

FOR FURTHER INFORMATION CONTACT: Sean C. Robinson, 202-268-8405.

SUPPLEMENTARY INFORMATION: The United States Postal Service[supreg] 
hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on 
December 13, 2024, it filed with the Postal Regulatory Commission a 
USPS Request to Add Priority Mail Express, Priority Mail & USPS Ground 
Advantage[supreg] Contract 1069 to Competitive Product List. Documents 
are available at www.prc.gov, Docket Nos. MC2025-829, K2025-830.

Sean C. Robinson,
Attorney, Corporate and Postal Business Law.
[FR Doc. 2024-30811 Filed 12-27-24; 8:45 am]
BILLING CODE 7710-12-P
```
Exhibit
23.1




CONSENT
OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM





We hereby
consent to the incorporation by reference in the Registration Statement of Smart
Online, Inc. on Form S-8 (No. 333-124569) and related prospectuses of our audit
report dated March 27, 2009, with respect to the consolidated financial
statements of Smart Online, Inc., which report appears in the Annual Report on
Form 10-K of Smart Online, Inc. for the years ended December 31, 2008 and
2007.




/s/ Sherb
& Co., LLP


Certified
Public Accountants


New York,
New York





March 30,
2009
<PAGE>

EXHIBIT 32.2

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

      In connection with the Quarterly Report of Redhook Ale Brewery,
Incorporated (the "Company") on Form 10-Q for the period ending March 31, 2006
as filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, David J. Mickelson, Chief Financial 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 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.

      A signed original of this written statement has been provided to the
Company and will be retained by the Company and furnished to the SEC or its
staff upon request.

Date: May 15, 2006

                                            BY:   /s/  David J. Mickelson
                                                  ------------------------------
                                                         David J. Mickelson
                                                         President and
                                                         Chief Financial Officer
Exhibit 31.1

            PRINCIPAL EXECUTIVE OFFICER CERTIFICATION

I, April L. Marino, certify that:

1.   I have reviewed this quarterly report on Form 10-QSB of Pinecrest
Services, Inc.;

2.   Based on my knowledge, this quarterly 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 statements
were made, not misleading with respect to the period covered by this quarterly
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 small
business issuer as of, and for, the periods presented in this report.

4.   The small business issuer's other certifying officer(s) 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
small business issuer and 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 small business issuer,
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 small business issuer'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 small business issuer's
internal control over financial reporting that occurred during the small
business issuer's most recent fiscal quarter (the small business issuer's
fourth fiscal quarter in the case of an annual report) that has materially
affected, or is reasonably likely to materially affect, the small business
issuer's internal control over financial reporting; and

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

     (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 small business issuer'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 small business issuer's internal
control over financial reporting.

                              /s/ April L. Marino
Date: November 7, 2005        ____________________________________________
                              April L. Marino, Principal Executive Officer
*s

No. 03-15-00222-CR

In the

COURT OF APPEALS

For the

THIRD SUPREME JUDICIAL DISTRICT

at Austin

On Appeal from the 277th Judicial District Court of

Williamson County, Texas

Cause Number 13-1923-277

MONTE KEN ROSS, Appellant

v.

THE STATE OF TEXAS, Appellee

MOTION FOR PRO SE ACCESS TO APPELLATE RECORD

TO THE HONORABLE JUSTICES OF THE THIRD COURT OF

APPEALS:

COMES NOW, Monte Ken Ross, Appellant herein, and files this, his

Motion for Pro Se Access to Appellate Record. In support of said motion,

Appellant would show the Court the following:

Appointed Counsel for Appellant has filed an Anders Brief and Motion to

Withdraw. Pursuant to the Texas Court of Criminal Appeals' recent decision in

Kelly v. State, No. PD-0702-13 (Delivered June 25, 2014), Appellant now requests

access to the appellate record for the preparation of his pro se response.

ACCEPTED

03-15-00222-CR

7863408

THIRD COURT OF APPEALS

AUSTIN, TEXAS

11/17/2015 12:35:52 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 11/17/2015 12:35:52 PM JEFFREY D. KYLE Clerk
1

PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellant respectfully

requests that this Court grant his Motion for Pro Se Access to the Appellate

Record.

Respectfully submitted,

Monte Ken Ross

DATE: //-a-/ 6
Kristen Jernigan

Attorney at Law

207 S. Austin Ave., Georgetown, Texas 78626

(512) 904-0123 (AUSTIN AREA) (832) 642-3081 (HOUSTON AREA)

(512) 931-3650 (Fax)

Kristen@txcrimapp.com

B B O A R D CERTIFIED' CRIMINAL APPELLATE LAW

November 16, 2015

Hon. Jeffrey Kyle

Clerk of the Court

Third Court of Appeals

P.O. Box 12547

Austin, Texas 78711

Re: Monte Ken Ross v. The State of Texas,

No. 03-15-000222-CR

Dear Mr. Kyle:

I received the attached, signed Motion for Pro Se Access to Appellate

Record which Mr. Ross inadvertently sent to me instead of the Court. I would ask

you to please file this motion on behalf of Mr. Ross.

Please contact me should you have any questions or require any further

information.

Sincerely,

Kristen Jernigan
**Exhibit 23.1**Consent of Independent Registered Public Accounting FirmWe consent to the incorporation by reference in the Registration Statements (Form S-8 Nos.333-43536, 333-107245, 333-75314, 333-126991, 333-126993) pertaining to the Employee StockPurchase Plan, 2000 Equity Incentive Plan, and 2005 Stock IncentivePlan of American Medical Systems Holdings, Inc. of our reports dated February 28,2006, with respect to the consolidated financial statements and schedule of American MedicalSystems Holdings, Inc., American Medical Systems Holdings, Inc. management’s assessment of theeffectiveness of internal control over financial reporting, and the effectiveness of internalcontrol over financial reporting of American Medical Systems Holdings, Inc., included in thisAnnual Report (Form 10-K) for the year ended December 31, 2005./s/ Ernst & Young LLPMinneapolis, Minnesota
Exhibit 32.2



CERTIFICATION OF CHIEF FINANCIAL OFFICER

PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



I, Jason Spievak, certify pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of CallWave, Inc. on Form 10-Q for the quarterly period ended September 30, 2004, fully complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934 and that information contained in such Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of CallWave, Inc.



|                        |  |        |  |                        
|----------------------- |  | ------ |  | -----------------------
|Date: November 12, 2004 |  | By:    |  | /s/ Jason Spievak      
|                        |  | Name:  |  | Jason Spievak          
|                        |  | Title: |  | Chief Financial Officer
Exhibit 10.21

                                    July 21, 2004

VIA FAX: 212-480-9933
---------------------


Mr. Christopher Janish
Pinnacle Investment Partners, L.P.
The Trump Building
40 Wall Street, 33rd Floor
New York, NY  10005


            RE:   WAIVER OF SERIES E REGISTRATION PENALTIES;
                  STRATUS SERVICES GROUP, INC. ("STRATUS")
                  ----------------------------------------


Dear Mr. Janish:

      As the authorized  representative of Pinnacle  Investment  Partners,  L.P.
("Pinnacle"),  the majority holder of the Series E Preferred  Stock, you advised
Stratus that,  as Stratus  satisfied the Initial  Closing  requirements  for the
Continuous Offering on July 14, 2004, in consideration  continuing to pursue the
additional  closings for the Continuous  Offering,  and for also pursuing an S-4
Exchange  Offer to the Series E holders,  in  conjunction  with same,  you would
waive any further penalties for failure to register the shares.

      Specifically  you advised that the Series E  shareholders  were willing to
waive  certain  penalties,  pursuant  to  Paragraph  5(b) of the Stock  Purchase
Agreement  ("the "SPA")  executed by an among Stratus and each of the respective
Series E investors, for failing to timely register certain shares.

      Because the Initial  Closing on the  continuous  offering  was  originally
scheduled for July 9, 2004,  and Essex & York, the  underwriter,  requested that
the Initial  Closing be held as of July 14, 2004, the Series E shareholders  are
willing to agree that no further penalties should be due to them.

<PAGE>

Mr. Christopher Janish
July 21, 2004
Page Two


      By signing below,  you  acknowledge on behalf of the Series E shareholders
the  waiver of any  further  penalties  on the  Series E  Preferred  Stock,  and
acknowledge  that the March 12, 2004 and/or  March 22, 2004  penalties  were the
last penalties due and owing to the Series E. Shareholders.

                                    Very truly yours,


                                    /s/ Joseph J. Raymond
                                    ------------------------------------
                                    Joseph J. Raymond
                                    Chief Executive Officer



AGREED TO AND ACCEPTED BY:

Pinnacle Investment Partners, L.P.



By:   /s/ Christopher Janish
     -----------------------------
      Christopher Janish
      Fund Manager






cc:   Mr. Michael A. Maltzman
      Mr. Jeffrey Raymond
      Mr. Joseph J. Raymond, Jr.
      Suzette Nanovic Berrios, Esq.
##### 



CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
    March 8, 2006
    
    /s/ Charles R. MolloCharles R. MolloPresident and Chief Executive Officer/s/ Joan W. BrubacherJoan W. BrubacherExecutive Vice President and Chief Financial Officer
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

**No. 15** 

**- 1292** 

CHUN RAO, a/k/a Rao Chun

,

Petitioner

,

v.

LORETTA E. LYNCH, Attorney General

,

Respondent

.

On Petition for Review of an Order of the Board of Immigration Appeals.

Submitted : August 12, 2015 Decided: August 18, 2015

Before KING and AGEE , Circuit Judges , and DAVIS, Senior Circuit Judge

.

Petition denied by un published per curiam opinion

.

Chun Rao, Petitioner Pro Se

. Charles S. Greene, III, Erik Robert Quick , Office of Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:

Chun Rao , a native a nd citizen of the People’s Republic o f

China

, petitions for review of an order of the Board of

Immigrati on Appeals (“Board”) denying his motion to reopen

. On

appeal, we confine our review to the issues raised in the

informal brief. See 4th Cir. R. 34(b). Because Rao fails in

his informal b rief to challenge several key findings in the

Board’s order that are ultimately dispositive of his claims, we

conclude that Rao has forfeited appellate review of these

findings and deny the petition for review. See In re Chun Rao

(BIA Feb. 20, 2015). We dispense with oral argument because the

facts and legal contentions are adequately presented in the

materials before th is court and argument would not aid the

decisional process.

PETITION DENIED
<PAGE>

                                   EXHIBIT 21

As of December 31, 2005 Citizens Bancorp's only subsidiary was Citizens Bank, an
Oregon corporation, which is wholly-owned by Citizens Bancorp.
FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

September 12, 2008

THOMAS K. KAHN

CLERK

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 08-11321

Non-Argument Calendar

________________________

D. C. Docket No. 03-00060-CR-4-SPM

UNITED STATES OF AMERICA, 

Plaintiff-Appellee, 

versus 

SHARON SHERMAN HALL, 

a.k.a. Sharon P. Sherman, 

Defendant-Appellant. 

________________________

Appeal from the United States District Court

for the Northern District of Florida

_________________________

(September 12, 2008)

Before BLACK, CARNES and PRYOR, Circuit Judges.

PER CURIAM:

Gwendolyn Spivey, appointed counsel for Sharon Sherman Hall, has filed a
2

motion to withdraw on appeal, supported by a brief prepared pursuant to Anders v.

California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Our independent

review of the entire record reveals that counsel’s assessment of the relative merit of

the appeal is correct. Because independent review of the entire record reveals no

arguably meritorious issues, counsel’s motion to withdraw is GRANTED, and the

district court’s finding that Hall violated the terms of her supervised release, along

with her modified monthly restitution payment amount, are AFFIRMED.
**Exhibit 32.2**

 

**CERTIFICATION OF 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 of Interactive Motorsports and Entertainment Corp. (the “Company”) on Form 10-QSB for the period ending March 31, 2006 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, William R. Donaldson, 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 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 operations of the Company. |
|-----|-----------------------------------------------------------------------------------------------------------------------------------------------------|

 

 

|              |   |                                                                                                                                                                                                                                                                                                                                                                                                                          |
|-------------------|--------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| November 20, 2006 |   | /s/ William R. Donaldson                                                                                                                                                                                                                                                                                                                                                                                                      |
|              |   |   

  

William R. Donaldson  Chief Financial Officer and Treasurer 

 

*A signed original of this written statement required by Section 906 has been provided to Interactive Motorsports and Entertainment Corp. and will be retained by Interactive Motorsports and Entertainment Corp. and furnished to the Securities and Exchange Commission or its staff upon request.*

 

 

 

  |