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

[942 NYS2d 617]

Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Hinrichs, J.), rendered January 14, 2011, convicting him of criminal sale of a controlled substance in the third degree (three counts) and criminal possession of a controlled substance in the third degree (three counts), upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that his plea of guilty was not knowingly, voluntarily, and intelligently made is unpreserved for appellate review, since he did not move to withdraw his plea on this ground prior to the imposition of sentence *(see*CP *1136220.60 [3]; 470.05 [2]; *People v Clarke,*93 NY2d 904, 906 [1999]; *People v Lopez,*71 NY2d 662, 665 [1988]; *People v Hayes,*91 AD3d 792 [2012]; *People v Kulmatycski,*83 AD3d 734, 735 [2011] ; *People v Rusielewicz,*45 AD3d 704 [2007]). In any event, the record demonstrates that the defendant’s plea was entered knowingly, voluntarily, and intelligently *(see People v Fiumefreddo,*82 NY2d 536, 543 [1993]; *People v Cancel,*92 AD3d 891 [2012] ). The statements attributed to the defendant in the presentence report did not call into question the voluntariness of the plea and did not obligate the court to conduct a sua sponte inquiry into the basis for the plea *(see People v Kelly,*50 AD3d 921 [2008]; *People v Jones,*41 AD3d 509, 510 [2007]; *People v Bonilla,*299 AD2d 934, 935 [2002]; *People v Pantoja,*281 AD2d 245, 246 [2001]).

The defendant’s valid waiver of the right to appeal *(see People v Ramos,*7 NY3d 737, 738 [2006]; *People v Muniz,*91 NY2d 570 [1998]) precludes appellate review of his claim that he was deprived of the effective assistance of counsel, since it does not relate to the voluntariness of his plea *(see People v Duah,*91 AD3d 884 [2012]; *People v Williams,*84 AD3d 1417, 1418 [2011]; *People v Yarborough,*83 AD3d 875 [2011]), and of his claim that the sentence was excessive *(see People v Lopez,*6 NY3d 248, 255 [2006]; *People v Crews,*92 AD3d 795 [2012]). Rivera, J.P., Eng, Chambers, Sgroi and Miller, JJ., concur.
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                    U.S. DEPARTMENT OF AGRICULTURE
 Crop Genetics Research: Stoneville, MS
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ARS Home Southeast Area Stoneville, Mississippi Crop Genetics Research People & Locations







Steven  Wallace
                        Crop Genetics Research

                        




                        
                        BIOLOGICAL SCIENCE TECHNICIAN
                        Phone: (731) 426-0438
                        
                        
                        Fax: (731) 425-4760(Employee information on this page comes from the REE Directory. Please contact your front office staff to update the REE Directory.)


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<TABLE> <S> <C>


<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED CONSOLIDATED BALANCE SHEET AS OF SEPTEMBER 30, 1996 AND THE
CONDENSED CONSOLIDATED STATEMENT OF OPERATIONS FOR THE SIX MONTHS ENDED
SEPTEMBER 30, 1996 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          MAR-31-1997
<PERIOD-START>                             APR-02-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                             164
<SECURITIES>                                         0
<RECEIVABLES>                                   32,846
<ALLOWANCES>                                     4,752
<INVENTORY>                                     50,781
<CURRENT-ASSETS>                                81,518
<PP&E>                                          28,566
<DEPRECIATION>                                  10,106
<TOTAL-ASSETS>                                 106,529
<CURRENT-LIABILITIES>                           42,471
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            24
<OTHER-SE>                                      64,034
<TOTAL-LIABILITY-AND-EQUITY>                   106,529
<SALES>                                         52,109
<TOTAL-REVENUES>                                52,109
<CGS>                                           30,826
<TOTAL-COSTS>                                   30,826
<OTHER-EXPENSES>                                25,007     
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 (3,617)
<INCOME-TAX>                                     1,266
<INCOME-CONTINUING>                             (2,351)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    (2,351)
<EPS-PRIMARY>                                    (0.10)
<EPS-DILUTED>                                    (0.10)
        

</TABLE>
#### BARRETT, Respondent, v. NEW YORK CENT. & H. R. R. CO., Appellant.

(Supreme Court, General Term, Fourth Department.

December, 1895.)

Action by John D. Barrett against the New York Central & Hudson River Railroad Company.

C. D. Prescott, for appellant.

Evans & Kneeland, for respondent.

PER CURIAM.

A careful examination of the evidence contained in the appeal book has led us to the conclusion that the question whether the defendant was liable in this action, under the doctrine of Rounds v. Railroad Co., 64 N. Y. 129; Cohen v. Railroad Co., 69 N. Y. 170; Hoffman v. Railroad Co., 87 N. Y. 25; McCann v. Railroad Co., 117 N. Y. 505, 23 N. E. 164; Hogan v. Railroad Co., 124 N. Y. 647, 26 N. E. 950; Ansteth v. Railway Co., 145 N. Y. 210, 39 N. E. 708,—and other kindred cases, was a question of fact, was properly submitted to the jury, and that its verdict should be upheld. Nor do we think that the judgment should be disturbed upon the ground that the plaintiff’s recovery was excessive. In this case the plaintiff lost his right hand, and one of his legs was seriously injured. After examining the evidence which shows the extent and character of the plaintiff’s injuries, we find no reason to believe that the jury was misled by passion or prejudice, or coerced by any improper influence. We have examined the various exceptions to which our attention has been called by the appellant in its brief, but have found none which requires us to reverse the judgment. Judgment and order affirmed, with costs.
exv10w1









Exhibit 10.1




The Talbots, Inc.

Director Compensation Schedule





	•	 	Annual retainer of $10,000 for the newly-created non-executive chairman position and an
annual retainer of $10,000 for the newly-created lead director position (from $5,000 for the
presiding director position), effective August 1, 2008.
	 
	•	 	A one-time option grant to non-employee directors of 12,000 shares, granted September 2008,
which will vest on the last business day of fiscal 2012, with possible accelerated vesting
based on achievement of certain levels of Talbots stock price performance.
	 
	•	 	Effective March 2009 (subject to possible delay or modification based on the Board’s
further assessment): an annual retainer of $40,000 (from $28,000) for each non-employee
director; annual retainer of $15,000 (from $5,000) for audit committee chair and $10,000 (from
$5,000) for compensation and governance committee chairs; and an annual retainer of $5,000 for
the other members of the audit, compensation and governance committees.
	 
	•	 	Commencing fiscal 2009, an annual option grant to non-employee directors of 3,000 shares
vesting in one-third increments over three years, in addition to existing annual award of
4,000 RSUs.
	 
	•	 	For future newly-appointed independent directors, a one time sign-on option grant of 20,000
shares vesting in one-third increments over three years.
	 
	•	 	The current mandatory share ownership guidelines applicable to directors will be
maintained.
IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

JOHN McKNIGHT WADE, 

Petitioner, 

v. 

MARK NOOTH, Superintendent, 

Snake River Correctional 

Institution, 

Respondent. 

MOSMAN,J., 

PENDLETON DIVISION 

No. 2:13-cv-00755-PK 

OPINION AND ORDER 

On Febrnary 1, 2016, Magistrate Judge Papak issued his Findings and Recommendation 

[ 41 ], recommending that Petitioner John McKnight Wade's Amended Petition for Writ of 

Habeas Corpus [19] should be DENIED and that no Certificate of Appealability should be 

granted. Petitioner objected [ 46] and Respondent Nooth responded [ 47]. I held oral argument on 

May 3, 2016. 

DISCUSSION 

The magistrate judge makes only recommendations to the court, to which any pmty may 

file written objections. The court is not bound by the recommendations of the magistrate judge, 

but retains responsibility for making the final determination. The comt is generally required to 

make a de novo dete1mination regarding those portions of the report or specified findings or 

1 - OPINION AND ORDER 

Case 2:13-cv-00755-PK Document 50 Filed 05/06/16 Page 1 of 2
recommendation as to which an objection is made. 28 U.S.C. § 636(b )(1 )(C). However, the court 

is not required to review, de novo or under any other standard, the factual or legal conclusions of 

the magistrate judge as to those pmiions of the F&R to which no objections are addressed. See 

Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 

(9th Cir. 2003). While the level of scrutiny under which I am required to review the F&R 

depends on whether or not objections have been filed, in either case, I am free to accept, reject, 

or modify any pati of the F&R. 28 U.S.C. § 636(b)(l)(C). 

Upon thorough review and after holding oral argument, I agree with Judge Papak's 

recommendation and I ADOPT IN PART the F&R [41] as it pe1iains to the denial of Petitioner's 

Amended Petition for Writ of Habeas Corpus [19] for the reasons stated on the record at oral 

argument. However, I find that reasonable jurists could reach a different conclusion and 

therefore allow for a Celiificate of Appealability. 

IT IS SO ORDE~ 

DATED this _f;;_ day of May, 2016. 

~ Chief United States District Judge 

2 - OPINION AND ORDER 

Case 2:13-cv-00755-PK Document 50 Filed 05/06/16 Page 2 of 2
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                    U.S. DEPARTMENT OF AGRICULTURE
 Mycotoxin Prevention and Applied Microbiology Research: Peoria, IL
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ARS Home Midwest Area Peoria, Illinois National Center for Agricultural Utilization Research Mycotoxin Prevention and Applied Microbiology Research People





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Deborah S Shane    Physical Science Technician Phone: (309) 681-6216Fax: (309) 681-6672Room 1107USDA ARS NCAUR1815 N University St.Peoria IL 61604
 Deborah Shane is a technician working in Dr. Mark Busman’s lab.   Publications(Clicking on the reprint iconReprint Icon  will take you to the publication reprint.)Identification of early fumonisin biosynthetic intermediates by inactivation of the FUM6 gene in Fusarium verticillioides-(Peer Reviewed Journal) Uhlig, S., Busman, M., Shane, D.S., Ronning, H., Rise, F., Proctor, R. 2012. Identification of early fumonisin biosynthetic intermediates by inactivation of the FUM6 gene in Fusarium verticillioides. Journal of Agricultural and Food Chemistry. 60(41):10293-10301.


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#### KNUDSON, Respondent, v. BOYES, Appellant.

(Supreme Court, Appellate Division, First Department.

January 24, 1896.)

Action by Olaf K. Knudson against Charles W. Boyes. Stewart & Macklin, for appellant. J. K. Symmers, for respondent.

No opinion. Judgment affirmed, with- costs.
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                    U.S. DEPARTMENT OF AGRICULTURE
 Research Program Support: Ames, IA
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ARS Home Midwest Area Ames, Iowa National Animal Disease Center Research Program Support People & Locations







Jean A Kaptur
                        Research Program Support

                        




                        
                        Veterinary Medical Officer
                        Phone: (515) 337-7652
                        
                        
                        Fax: (515) 337-7402(Employee information on this page comes from the REE Directory. Please contact your front office staff to update the REE Directory.)


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2004 STOCK
OPTION PLANOFINTER PARFUMS, INC.




1. Purposes of The Plan.




2. Shares Subject To The Plan.




3. Administration Of The Plan.
















4. Eligibility.












> (i) Notwithstanding any provision of this Plan, no person eligible to
>     receive a grant of an option or SAR under this Plan shall be granted options
>     to purchase or an SAR in excess of 100,000 shares of common stock in any one
>     fiscal year. Such 100,000 maximum number shall be appropriately adjusted for
>     stock splits, stock dividends and the like.
>         
>         (ii) Notwithstanding any provision of this Plan, the exercise price for
>     all options and the base price for all SARs to be granted under the Plan,
>     shall not be less than the fair market value of the Common Stock at the time
>     of grant.
>         
>         (iii) The term "Covered Person" shall mean a "covered employee" within
>     the meaning of Code Section 162(m)(3) or any successor provision
>     thereto.

5. Exercise Price And Base Price.












6. Term.




7. Exercise.
















8. Stock Appreciation Rights.












9. Termination Of Association With The Company.




















10. Death Or Disability Of An Optionee.












11. Compliance With Securities Laws.




12. Stock Option And SAR Contracts.




13. Adjustment of and Changes in Common Stock.
















14. Amendments And Termination Of The Plan.




15. Nontransferability Of Options.




16. Substitutions And Assumptions Of Options Of Certain Constituent
Corporations.




17. Definitions.
















18. Conditions Precedent.
**EXHIBIT 99.2**

 

**CERTIFICATION OF CHIEF FINANCIAL OFFICER**

**PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

**(18 U.S.C. 1350)**

 

In connection with the Annual Report of Wells Real Estate Fund II-OW (the“Registrant”) on Form 10-K for the year ended December 31, 2002, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned, Douglas P. Williams, Chief Financial Officer of thecorporate General Partner of the Registrant, hereby certifies, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350) that, to the best of his knowledge and belief: 

 

(1)    The Report fully complies with the requirements of Section 13(a) or 15(d) of theSecurities 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 Registrant. 

 

/s/ DOUGLAS P. WILLIAMS

----
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                    U.S. DEPARTMENT OF AGRICULTURE
 Agroecosystem Management Research: Lincoln, NE
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ARS Home Plains Area Lincoln, Nebraska Agroecosystem Management Research People & Locations







Tyler J Rodriguez
                        Agroecosystem Management Research

                        




                        
                        Agricultural Research Technician
                        Phone: (402) 472-1511
                        
                        
                        Fax: (402) 472-4020(Employee information on this page comes from the REE Directory. Please contact your front office staff to update the REE Directory.)


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