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

[941 NYS2d 151]

Judgment, Supreme Court, New York County (Jill Konviser, J.), rendered May 12, 2010, convicting defendant, after a jury trial, of robbery in the first degree, and sentencing him, as a second violent felony offender, to a term of 10 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence *(see People v Danielson,*9 *452NY3d 342, 348-349 [2007]). Defendant asserts that the evidence failed to establish the element of use or threatened use of a dangerous instrument *(see*Penal Law § 160.15 [3]). Initially, we find no basis for disturbing the jury’s credibility determinations.

A store employee tried to stop defendant from departing with stolen merchandise. Defendant warned the employee not to touch him, pulled out a pair of pliers that he held at his side, and repeated the warning. The jury could have reasonably concluded that defendant thus made an implied threat to use the pliers against the employee *(see e.g. People v Boisseau,*33 AD3d 568 [2006], *lv denied*8 NY3d 844 [2007]).

Defendant also claims the pliers were not sharp enough to be readily capable of causing serious physical injury under the circumstances of their threatened use *(see*Penal Law § 10.00 [13]). However, two witnesses described the pliers as “sharp,” and the pliers were received in evidence and shown to the jury.

Defendant’s pro se claims are unpreserved and we decline to review them in the interest of justice. As an alternative holding, we also reject them on the merits. Concur — Gonzalez, EJ., Tom, Catterson, Renwick and Richter, JJ.
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 December 10, 2014

h1203

Order 

Clerk

December 10, 2014

150043

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellant,

v SC: 150043

COA: 315157

Wayne CC: 12-000312-FC,

JOSEPH LATEEF, 12-000313-FC, 12-000314-FC,

Defendant-Appellee. 12-000315-FC, 12-000318-FC, 12-002132-FH

____________________________________/

On order of the Court, the application for leave to appeal the June 24, 2014 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the question presented should be reviewed by this Court.
## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 05-2939

___________ Gelana Amente, * * Petitioner, * * Petition for Review v. * of an Order of the * Board of Immigration Appeals. Alberto Gonzales, * * [UNPUBLISHED] Respondent. *

___________ Submitted: August 21, 2006 Filed: August 24, 2006

___________ Before SMITH, MAGILL, and BENTON, Circuit Judges.

___________ PER CURIAM. Gelana Amente, a citizen of Ethiopia, pe titions for review of an order of the Board of Immigration Appeals (BIA) denying his motion to reopen removal proceedings. Amente entered the United St ates in 1993, and in 2000 he was charged with being removable. He conceded removability and an Immigration Judge (IJ) denied his application for asylum, withholding of removal, and relief under the Convention Against Torture. In February 2003, the BIA summarily affirmed the IJ’s decision, and a panel of this court de nied Amente’s petition for review. See Amente v. Ashcroft , 89 Fed. Appx. 591, 592 (8th Cir. 2004).-2- In April 2005 Amente moved the BIA to reopen his case on the ground that he had new evidence: an affidavit and two le tters, stating that Oromos were still being persecuted in Ethiopia; and an American J ournal of Public Health article summarizing the results of a study on torture and a ssociated problems among Somali and Oromo refugees. Amente argued that this evid ence showed it was more likely than not he would be tortured if returned to Ethiopi a. The BIA denied the motion to reopen as untimely, and added that Amente did not qualify for the asylum-application exception to the time limitation because he failed to establish change d circumstances in Ethiopia.

The BIA did not abuse its discretion in denying Amente’s motion to reopen as untimely, because it was not filed within 90 days of the final removal order. See 8 U.S.C. § 1229a(c)(6)(C)(i); Kanyi v. Gonzales , 406 F.3d 1087, 1089 (8th Cir. 2005) (standard of review). The BIA also did not abuse its discretion in finding that Amente failed to establish changed circ umstances in Ethiopia. See8 U.S.C. § 1229a(c)(6)(C)(ii) (time limitati on does not apply to motion to reopen in which alien seeks to apply for asylum or withholding of removal based on changed circumstances arising in country to which alien is to be removed); Panjwani v. Gonzales , 401 F.3d 626, 632-33 (5th Cir. 2005) (BIA did not abuse its discretion in refusing to reopen deportation proceedings based on untimel y nature of motion and insufficient evidence--lacking in detail and not different from that presented at removal hearing-- that country conditions had materially changed).
Accordingly, we deny the petition. We also deny Amente’s motion for expedited review.

______________________________
EXHIBIT 31.1  CERTIFICATION  I, the Chief Executive Officer of PHL Variable Insurance Company (the registrant), certify that:  1. I have reviewed this Quarterly Report on Form 10-Q of the registrant;  2. Based on my knowledge, this report 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 period covered by this 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 registrant as of, and for, the periods presented in this report;  4. The registrants other certifying officer 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 registrant 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 registrant, 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 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 on such evaluation; and  (c) disclosed in this report 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 has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and  5. The registrants other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of the registrants board of directors (or persons performing the equivalent functions):  (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 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s internal control over financial reporting.   Date:August 10, 2007
/s/
Philip K. PolkinghornName:Philip K.
PolkinghornTitle:President
Case: 1:02-cv-05079 Document #: 2 Filed: 08/01/02 Page 1 of 7 PageID #:20

Case: 1:02-cv-05079 Document #: 2 Filed: 08/01/02 Page 2 of 7 PageID #:21

Case: 1:02-cv-05079 Document #: 2 Filed: 08/01/02 Page 3 of 7 PageID #:22

Case: 1:02-cv-05079 Document #: 2 Filed: 08/01/02 Page 4 of 7 PageID #:23

Case: 1:02-cv-05079 Document #: 2 Filed: 08/01/02 Page 5 of 7 PageID #:24

Case: 1:02-cv-05079 Document #: 2 Filed: 08/01/02 Page 6 of 7 PageID #:25

Case: 1:02-cv-05079 Document #: 2 Filed: 08/01/02 Page 7 of 7 PageID #:26
#### The People of the State of New York, Respondent, v William McKee, Appellant.

—Appeals by defendant from two judgments of the Supreme Court, Westchester County (McNab, J.), both rendered August 10, 1983, convicting him of assault in the first degree, and criminal possession of a weapon in the third degree, under indictment No. 908/82, and assault in the second degree under indictment No. 1147/82, upon his pleas of guilty, and imposing sentences. The appeals bring up for review the denial, after a hearing, of that branch of defendant’s pretrial motion which sought the suppression of his statement.

Judgments affirmed.

Defendant failed to preserve for appellate review his objections to his guilty pleas *(see, People v Pellegrino,*60 NY2d 636; *People v Braxton,*114 AD2d 855). In any event, his plea allocutions satisfied the standard established in *People v Harris*(61 NY2d 9) and sufficiently established the elements of the crimes to which he pleaded guilty *(see, People v Braxton, supra; People v Mattocks,*100 AD2d 944). Although defendant was initially reluctant to admit certain criminal conduct, the record establishes that he thereafter made satisfactory factual allocutions, which were voluntary and made upon consultation with counsel.

Finally, the record of the *Huntley*hearing fully supports Criminal Term’s denial of defendant’s motion to suppress his statement, which was clearly spontaneous *(see, People v Porter,*110 AD2d 662). Mangano, J. P., Bracken, Weinstein, Lawrence and Kooper, JJ., concur.
Exhibit 99.2

                                  CERTIFICATION

     Pursuant  to  Section 906 of the Corporate Fraud Accountability Act of 2002
(18  U.S.C.  Section  1350,  as  adopted),  Richard  B. Slansky, Chief Financial
Officer of SpaceDev, Inc. (the "Company"), hereby certifies that, to the best of
his  knowledge:

     The Company's Quarterly Report on Form 10-QSB for the period ended June 30,
2002, and to which this Certification is attached as Exhibit 99.2 (the "Periodic
Report"), fully complies with the requirements of section 13(a) or section 15(d)
of  the  Securities  Exchange  Act  of  1934,  as  amended,  and the information
contained  in the Periodic Report fairly presents, in all material respects, the
financial  condition  and  results  of  operations  of  the  Company.

     IN  WITNESS WHEREOF, the undersigned have set their hands hereto as of this
___  day  of  May  2003.





     Richard  B.  Slansky
CHIEF  FINANCIAL  OFFICER


<PAGE>
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 86 Introduced in House (IH)]

105th CONGRESS
  1st Session
H. RES. 86

   Providing amounts for the expenses of the Committee on Government 
        Reform and Oversight in the One Hundred Fifth Congress.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 6, 1997

  Mr. Burton of Indiana submitted the following resolution; which was 
              referred to the Committee on House Oversight

_______________________________________________________________________

                               RESOLUTION

 
   Providing amounts for the expenses of the Committee on Government 
        Reform and Oversight in the One Hundred Fifth Congress.

    Resolved,

SECTION 1. AMOUNTS FOR COMMITTEE EXPENSES.

    For the expenses of the Committee on Government Reform and 
Oversight (hereinafter in this resolution referred to as the 
``Committee''), including the expenses of all staff salaries, there 
shall be paid, out of the applicable accounts of the House of 
Representatives for committee salaries and expenses, not more than 
$20,020,572 for the One Hundred Fifth Congress.

SEC. 2. SESSION LIMITATIONS.

    Of the amount specified in section 1--
            (1) not more than $11,702,573 shall be available for 
        expenses incurred during the period beginning at noon on 
        January 3, 1997, and ending immediately before noon on January 
        3, 1998; and
            (2) not more than $8,317,999 shall be available for 
        expenses incurred during the period beginning at noon on 
        January 3, 1998, and ending immediately before noon on January 
        3, 1999.

SEC. 3. VOUCHERS.

    Payments under this resolution shall be made on vouchers authorized 
by the Committee, signed by the Chairman of the Committee, and approved 
in the manner directed by the Committee on House Oversight.

SEC. 4. REGULATIONS.

    Amounts made available under this resolution shall be expended in 
accordance with regulations prescribed by the Committee on House 
Oversight.
                                 <all>
```
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# C_2019213EN.01007501.xml

| 24.6.2019 | EN | Official Journal of the European Union | C 213/75 |
| --- | --- | --- | --- |

24.6.2019

EN

Official Journal of the European Union

C 213/75

---

Action brought on 30 April 2019 — Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO — Filotas Bellas & Yios ((Halloumi χαλλούμι Vermion grill cheese M BELAS PREMIUM GREEK DAIRY SINCE 1927)

(Case T-282/19)

(2019/C 213/72)

Language of the case: English

Parties

Applicant: Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi (Nicosia, Cyprus) (represented by: S. Malynicz QC (Queen’s Counsel), S. Baran, Barrister, and V. Marsland, Solicitor)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Filotas Bellas & Yios AE (Alexandreia Imathias, Greece)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: European Union figurative mark Halloumi χαλλούμι Vermion grill cheese/grill est/grill kase M BELAS PREMIUM GREEK DAIRY SINCE 1927 — European Union trade mark No 12 172 276

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 15 February 2019 in Case R 2295/2017-4

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision; |
| --- | --- |

—

annul the contested decision;

| — | order the Defendant to bear its own costs and pay those of the Applicant for Annulment. |
| --- | --- |

—

order the Defendant to bear its own costs and pay those of the Applicant for Annulment.

Pleas in law

| — | Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |
| --- | --- |

—

Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

| — | Infringement of Article 59(1)(b) of (EU) 2017/1001 of the European Parliament and of the Council. |
| --- | --- |

—

Infringement of Article 59(1)(b) of (EU) 2017/1001 of the European Parliament and of the Council.

---
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Nuclear Regulatory Commission

          - [Docket No. 030-38679-LA; ASLBP No. 21-972-01-LA-BD01]

Pursuant to delegation by the Commission, *see*37 FR 28,710 (Dec. 29, 1972), and the Commission's regulations, *see, e.g.,*10 CFR 2.103, 2.104, 2.105, 2.300, 2.309, 2.313, 2.318, 2.321, notice is hereby given that an Atomic Safety and Licensing Board (Board) is being established to preside over the following proceeding:      ( print page 41998)    

## Cammenga and Associates, LLC

### (Denial of License Amendment Requests)

This Board is being established pursuant to a filing titled “Hearing Request” submitted by Cammenga and Associates, LLC (Cammenga). The filing challenges the NRC Staff's decision in a July 1, 2021 letter denying Cammenga's request for amendments to License No. 21-26460-03E and Sealed Source and Device Registration Certificate NR-0210-D-101-E.

The Board is comprised of the following Administrative Judges:

Ronald M. Spritzer, Chairman, Atomic Safety and Licensing Board Panel, U.S. Nuclear Regulatory Commission,  Washington, DC 20555-0001.

Dr. Gary S. Arnold, Atomic Safety and Licensing Board Panel, U.S. Nuclear Regulatory Commission Washington, DC 20555-0001.

Nicholas G. Trikouros, Atomic Safety and Licensing Board Panel, U.S. Nuclear Regulatory Commission Washington, DC 20555-0001.

All correspondence, documents, and other materials shall be filed in accordance with the NRC E-Filing rule. *See*10 CFR 2.302.

Rockville, Maryland.

Dated: July 29, 2021.

Edward R. Hawkens,

Chief Administrative Judge, Atomic Safety and Licensing Board Panel.

[FR Doc. 2021-16543 Filed 8-3-21; 8:45 am]

BILLING CODE 7590-01-P
Exhibit 32.2

Certification Pursuant to 18 U.S.C. Section 1350, as Adopted Pursuant to
Section 906 of Sarbanes-Oxley Act of 2002

I, Joel Boyarski, the Principal Financial Officer of WorldGate Communications, Inc., hereby certify, pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that the Form 10-Q of WorldGate Communications, Inc., for the quarterly period ended March 31, 2008, which this
certification accompanies, fully complies with requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)) and information contained in the
March 31, 2008 Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of WorldGate Communications, Inc.

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

Dated:
November 14, 2008

| |  |                                                                                                     
| |  | ----------------------------------------------------------------------------------------------------
| |  | /s/ JOEL BOYARSKI Joel Boyarski Chief Financial Officer
(Principal Financial and Accounting Officer)

---



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