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

The defendant’s convictions arose out of a shooting which left one man dead and another injured, following a dispute over the victims’ use of a pay telephone.

There was sufficient evidence for the jury to find, beyond a reasonable doubt, that the defendant shot his victims intentionally and not in self-defense. Moreover, there was not "sufficient evidence of intoxication in the record for a reasonable person to entertain a doubt as to the element of intent on that basis” *(People v Perry,*61 NY2d 849, 850).

We further find that the trial court did not err by refusing the defense counsel’s request to submit to the jury the lesser included offenses of manslaughter in the second degree (Penal Law § 125.15 [1]) and criminally negligent homicide (Penal Law § 125.10). No reasonable view of the defendant’s testimony could support a finding that he was guilty of either of the requested lesser included offenses but not the greater offenses of murder in the second degree (Penal Law § 125.25 [1]), or manslaughter in the first degree (Penal Law § 125.20 [1]; *see, People v Glover,*57 NY2d 61). Nor did the fact that the defendant interposed a justification defense mandate the submission of those lesser included offenses *(cf. People v Cook,*96 AD2d 1059). Moreover, the trial court did not err by refusing to charge the affirmative defense of extreme emotional disturbance (Penal Law § 125.25 [1] [a]; *see, People v Walker,*64 NY2d 741; *People v Luke,*110 AD2d 717).

Additionally, we find that the defendant’s sentence was not excessive given the senseless and violent nature of the shootings.

The defendant’s remaining contentions are either without merit or are not preserved for appellate review and do not warrant review in the interest of justice. Thompson, J. P., Bracken, Lawrence and Eiber, JJ., concur.
Exhibit 14.(a).1


CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM




We hereby consent to the incorporation by reference in the Registration Statement on Form S-8 (No. 333-149175) of  Alon Holdings Blue Square – Israel Ltd. (the "Company”), of our report dated June 30, 2011, relating to the financial statements of the Company and the effectiveness of internal control over financial reporting, which appears in this Annual Report.






Haifa, Israel

/s/ Kesselman & KesselmanJune 30, 2011

Kesselman & KesselmanCertified Public Accountants (Isr.)A member of PricewaterhouseCoopersInternational Limited
#### Post-Benson Corporation *v.*Town Plan and Zoning Commission of the Town of Fairfield

*Lawrence P. Weisman,*in support of the petition.

*Aaron B. Schless,*assistant town attorney, in opposition.

Submitted June 18

decided June 25, 1975

The plaintiff’s petition for certification and the supplement thereto for appeal from the Court of Common Pleas in Fairfield County is denied.
#### DOLAN, Appellant, v. BROOKLYN HEIGHTS R. CO., Respondent.

(Supreme Court, Appellate Division, Second Department.

December 1, 1896.)

Action by James H. Dolan against the Brooklyn Heights Railroad Company.

No opinion. Judgment unanimously affirmed, with costs.
United States Court of Appeals

FOR THE EIGHTH CIRCUIT

_____________

No. 97-1212WM

_____________

Colleen E. Newport; James F. Newport, *

*

Appellants, * Appeal from the United States

* District Court for the Western

v. * District of Missouri.

*

Missouri Army National Guard; * [UNPUBLISHED]

Raymond L. Pendergrass, MG, *

*

Appellees. *

_____________

 Submitted: May 7, 1997

Filed: May 12, 1997

_____________

Before McMILLIAN, FAGG, and LOKEN, Circuit Judges.

_____________

PER CURIAM.

Colleen E. Newport and James F. Newport appeal the district court's orders

dismissing their action against the Missouri Army National Guard and Adjutant General

Raymond L. Pendergrass and denying their postjudgment motions. Having carefully

reviewed the record and the parties' briefs, we conclude the judgment of the district

court was correct. We thus affirm. See 8th Cir. R. 47B.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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.                  

###### Department of State

          - [Public Notice 11529]

# SUMMARY:

                        Notice is hereby given of the following determinations: I hereby determine that certain objects being imported from abroad pursuant to agreements with their foreign owners or custodians for temporary display in the exhibition “Van Gogh and the Olive Groves” at the Dallas Museum of Art, Dallas, Texas; in the exhibition “Van Gogh and Landscapes” at the Dayton Art Institute, Dayton, Ohio; in the exhibition “Van Gogh in America” at the Detroit Institute of Art, Detroit, Michigan; and at possible additional exhibitions or venues yet to be determined, are of cultural significance, and, further, that their temporary exhibition or display within the United States as aforementioned is in the national interest. I have ordered that Public Notice of these determinations be published in the                         **Federal Register**                        .                    

# FOR FURTHER INFORMATION CONTACT:

                        Chi D. Tran, Program Administrator, Office of the Legal Adviser, U.S. Department of State (telephone: 202-632-6471; email:                         *section2459@state.gov*). The mailing address is U.S. Department of State, L/PD, 2200 C Street NW (SA-5), Suite 5H03, Washington, DC 20522-0505.                    

# SUPPLEMENTARY INFORMATION:

                    The foregoing determinations were made pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681,                     *et seq.;*22 U.S.C. 6501 note,                     *et seq.*), Delegation of Authority No. 234 of October 1, 1999, and Delegation of Authority No. 236-3 of August 28, 2000.                

Matthew R. Lussenhop,

Acting Assistant Secretary, Bureau of Educational and Cultural Affairs, Department of State.

[FR Doc. 2021-19548 Filed 9-10-21; 8:45 am]

BILLING CODE 4710-05-P
**EXHIBIT 12.1**
**CERTIFICATIONS**
I, Arnon Toussia-Cohen, certify that:
1. I have reviewed this annual report on Form 20-F of Radcom Ltd.;
2. Based on my knowledge, this report does not contain any untrue statement ofa material fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which such statements weremade, not misleading with respect to the period covered by this report;
3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all material respectsthe financial condition, results of operations and cash flows of the company asof, and for, the periods presented in this report;
4. The company’s other certifying officer(s) and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15(e)) for the company and have:
(a) Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision,to ensure that material information relating to the company, includingits consolidated subsidiaries, is made known to us by others within thoseentities, particularly during the period in which this report is beingprepared;
(b) Evaluated the effectiveness of the company’s disclosure controls andprocedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the end ofthe period covered by this report based on such evaluation; and
(c) Disclosed in this report any change in the company’s internalcontrol over financial reporting that occurred during the period coveredby the annual report that has materially affected, or is reasonablylikely to materially affect, the company’s internal control overfinancial reporting; and
5. The company’s other certifying officer(s) and I have disclosed, based onour most recent evaluation of internal control over financial reporting, to thecompany’s auditors and the audit committee of the company’s board of directors(or persons performing the equivalent functions):
(a) All significant deficiencies and material weaknesses in the designor operation of internal control over financial reporting which arereasonably likely to adversely affect the company’s ability to record,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 company’s internalcontrol over financial reporting.
Date: May 5, 2004     */s/ Arnon Toussia-Cohen*   Arnon Toussia-Cohen Chief Executive Officer (Principal Executive Officer)
#### In the Matter of Lawrence W. Golden, Appellant, v Brian R. Whittemore, Respondent.

— Order unanimously affirmed, without costs. Memorandum: In 1982 petitioner represented respondent in an action for divorce and was never paid $2,459 in attorney’s fees. Pursuant to the settlement of that action, respondent continues to own an undivided one-half interest in the marital residence. In 1983, respondent’s debts, including petitioner’s attorney’s fees, were discharged in bankruptcy. Petitioner now seeks to impress a lien against the marital residence pursuant to Judiciary Law § 475. Special Term properly dismissed the petition. Since respondent already owned the marital residence, no proceeds were created and thus no charging lien attaches to this realty. *(Ekelman v Maraño,*251 NY 173, *176; Goldstein, Goldman, Kessler & Underberg v 4000 E. Riv. Rd. Assoc.,*64 AD2d 484, 487, *affd*48 NY2d 890; *Matter of Desmond v Socha,*38 AD2d 22, 24, *affd*31 NY2d 687). (Appeal from order of Supreme Court, Oneida County, Roy, J. — lien for attorney’s fees.) Present— Callahan, J. P., Doerr, Green, Lawton and Schnepp, JJ.
,,’ 

- ,’ 

OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

tmbnmry 7, 1939 

Hon. lc. H. ariirin 

county Attorlwy 

Young county 

Oraham, Tour 

Dmar Slrr 

thsr or not 

in prolJ4outing 

ha8 been rroeirod 

inion ‘a8 to whrlegally approo r my to l snlrt 

l ttmntlon to Artiolo 85 

0, state or nxar, Rmrl~44 

orlmlnal oama in the dlmtriot 

atriot, exoopt in oases where 

or4 hlr l leotlon, 4mploy46 aby arirninal prooreding 18 had 

ning oourt ln his dlstrlot or 

upon hbeae oorpua, and he LB 

and 16 at the time within 

rhall npm6ent the State therein, unlrar pmrented by other oiiloial dutfer.W 

The Comnlsrionar8~ Oourt oan euroioe only maoh 

power8 aa the Constitution or the Leglrrlatun rpeoi~ioally 
1 

- 

p Hon. B. H. Grirfin, February 7, 1939, Page fs 

oonfer4 upon thm, Conrtltution, Art1014 5, 640. 18; Landman 

VII. Stat4 (Court of Civil Appralrr) 97 6W (84) i?i64-wPIt of 

error rafu64b; Bland ~5. Crr, 90 Ter. 492, 59 SW 558; Mill* 

vs. Lampasar County, 90 Tex. 903, 40 SW 403. 

‘. 

UI rerpeotfu$ly 4drie14 that w 4r4 unable to 

find my authority whloh would psrrmlt th4 CommI44ionar4~ 

Court to appropriate money In hiring an outride attorney 

to l 8618t the DI4trIot Attorney in ths perforaanos af 4uoh 

duties 41~3 it 14, therrfore, the opinion of this D4partmant 

that 8uoh l otlon on the part oi the CoamI8aIoners~ Court 

would not be 4uthorIzed. 

v4w truly your8 

ATToRrnY GmERAL cp TKXAS 

(sU4d) 

Wm. J. R. ICI= 

BY 

A#eI4tant 

APPPROVED: 

(Signed) 

Gerald C. Mann 

ATTCRNEYWNERAL OFTEXAS
### I N THE UNI TED STATES COURT OF APPEALS FOR THE FI F TH CI RCUI T

No. 12-40263 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee

v. BERNARD TALBERT, also known as Bernard Brown, Defendant-Appellant
Appeals from the United States District Court for the Southern District of Texas USDC No. 1:11-CR-764-1
Before JONES, DENNIS, and HAYNES, Circuit Judges. PER CURIAM: * The attorney appointed to represent Bernard Talbert has moved f or leave to withdraw and has f

iled t w o briefs p ursuant t o A nders v. California , 386 U.S. 738 (1967), and U

nited S tates v. Flores , 632 F.3d 2 29 (5th C ir. 201 1 )

. Talbert has filed a pair of responses. Talbert previously filed a m otion to p roceed pro se which was denied on F e bruary 15, 2013. On July 8, 2013, he a gain filed a motion seeking to relieve counsel and represent himself. U n i t e d S t a te s C o u r t o f A p p e al s F i f t h C i rc u i t 

### F I L E D J uly 31, 2013 Ly l e W . Cay ce Clerk

* Purs uant to 5 T H C I R

. R

. 47. 5, the court has d eterm ined that this op inion should not be p ublis hed and is not p reced ent excep t und er the lim ited circum s tances s et forth in 5 T H C I R

. R. 47. 5. 4. Case: 12-40263 Document: 00512326898 Page: 1 Date Filed: 07/31/2013No. 12-40263

The record is i nsufficiently developed to allow consideration at this time of Talbert’s claim of i neffective assistance of counsel; s u c h a claim generally “cannot be resolved o n direct appeal when the claim has not been raised before the district court since no opportunity existed to develop the record on the merits of the allegations.” United S tates v. C a n twell , 470 F .3d 1087, 1 0 91 (5th Cir. 2006) (internal quotation marks and citati o n omitted). We have r eviewed counsel’s briefs and the relevant portions of the record reflected t herein, as well

as Talbert’s respon s e s . W e c oncur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, a nd the APPEAL IS DISMISSED. See 5 T H C I R
. R

. 42.2. The July 8, 2013 request “to relieve appointed counsel,” treated as a m otion for reconsideration of the February 15, 2013 order, is DENIED.

2 Case: 12-40263 Document: 00512326898 Page: 2 Date Filed: 07/31/2013
# Fourth Court of Appeals

**San Antonio, Texas**

JUDGMENT

No. 04

- 19

- 00070

- CV

Yolanda H. MONTOYA and Daniel Lopez,

Appellants

v.

Rosemary H. GUTIERREZ

, Appellee

From the 131st Judicial District Court, Bexar County, Texas

Trial Court No. 2014CI07335

Honorable Karen H. Pozza, Judge Presiding

BEFORE CHIEF JUSTICE MARION

, JUSTICE MARTINEZ , AND JUSTICE CHAPA

In accordance with this court’s opinion of this date, the judgment of the trial court is

REVERSED and REMANDED for further proceedings consistent with this opinion. Costs of the

appeal are taxed against Appellee Rosemary H. Gutierrez.

SIGNED October 30, 2019.

_____________________________ Rebeca C. Martinez, Justice
| datetime   | ave SJC inflow volume |
|------------|-----------------------|
| 2021-01-01 | 129.560331            |
| 2021-01-02 | 331.610579            |
| 2021-01-03 | 531.699174            |
| 2021-01-04 | 733.749421            |
| 2021-01-05 | 935.799669            |
| 2021-01-06 | 1135.88826            |
| 2021-01-07 | 1335.97686            |
| 2021-01-08 | 1536.06545            |
| 2021-01-09 | 1736.15405            |
| 2021-01-10 | 1934.28099            |
| 2021-01-11 | 2132.40793            |
#### In the Matter of Lawrence T. Bigando, Petitioner, v William J. Schreiber, as Clerk of the Board of Fire Commissioners of the City of Kingston, et al., Respondents.

— Casey, J.

Petitioner, a volunteer fireman, was found guilty of leaving his assigned post without permission. On the evening of November 23, 1985, petitioner and two other members of the Union Hose Company were on standby duty at the company headquarters. The dispatcher testified that at 1:38 a.m. on November 24, 1985, he received a call from petitioner stating that he and his men were leaving the station. Petitioner testified that he told the dispatcher that the other two members were leaving the station and that, therefore, there was insufficient manpower at the station to respond to any calls. Petitioner testified that he did not leave the station until some 45 minutes later, after taps.

Petitioner contends that in view of his testimony that he did not leave the station until after taps, respondents’ finding that he left the station at about 1:38 a.m. is not supported by *879substantial evidence in the absence of some direct proof that he left the station at that time. As the administrative fact finder, however, respondents could accept the testimony of the dispatcher as to his conversation with petitioner and draw whatever inference could fairly be drawn from that testimony *(see, Matter of Di Maria v Ross,*52 NY2d 771). In our view, there is nothing irrational in respondents’ conclusion that petitioner left the station at or about the time he told the dispatcher that he and his men were leaving. Respondents’ amended determination contains the necessary findings of fact that petitioner claims were lacking in the initial determination.

Petitioner was suspended for six months and placed on probation for six months, and he was prohibited from holding any position as company line officer for a period of two years. We reject petitioner’s claim that the latter prohibition constitutes an impermissible suspension beyond the one-year time limit fixed by General Municipal Law § 209-l. Petitioner was suspended for only six months; the two-year prohibition affects only his rank or grade.

The determination should be confirmed and the petition dismissed.

Determination confirmed, and petition dismissed, without costs. Mahoney, P. J., Kane, Casey, Weiss and Levine, JJ., concur.
GUNNISON RIVER - GUNN TUNNEL TO GJLatitude: 39.047Longitude: -108.577Elevation: None

GUNNISON RIVER - GUNN TUNNEL TO GJ

Courtesy NRCS - Go to Cochetopa Pass Site Page...



Cochetopa Pass

Courtesy NRCS - Go to Sargents Mesa Site Page...



Sargents Mesa

Courtesy NRCS - Go to Upper Taylor Site Page...



Upper Taylor

Courtesy NRCS - Go to Wager Gulch Site Page...



Wager Gulch

Courtesy NRCS - Go to Butte Site Page...



Butte

Courtesy NRCS - Go to Columbine Pass Site Page...



Columbine Pass

Courtesy NRCS - Go to Idarado Site Page...



Idarado

Courtesy NRCS - Go to Mc Clure Pass Site Page...



Mc Clure Pass

Courtesy NRCS - Go to Mesa Lakes Site Page...



Mesa Lakes

Courtesy NRCS - Go to Overland Res. Site Page...



Overland Res.

Courtesy NRCS - Go to Park Cone Site Page...



Park Cone

Courtesy NRCS - Go to Park Reservoir Site Page...



Park Reservoir

Courtesy NRCS - Go to Porphyry Creek Site Page...



Porphyry Creek

Courtesy NRCS - Go to Red Mountain Pass Site Page...



Red Mountain Pass

Courtesy NRCS - Go to Schofield Pass Site Page...



Schofield Pass

Courtesy NRCS - Go to Slumgullion Site Page...



Slumgullion
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
                              This schedule contains summary financial
                              information extracted from SEC Form 10-Q and is
                              qualified in its entirety by reference to such
                              financial statements.
</LEGEND>
<CIK>                         0001001540
<NAME>                        Lexington Global Asset Managers, Inc.
<MULTIPLIER>                  1
<CURRENCY>                    US Dollars

<S>                           <C>
<PERIOD-TYPE>                 3-MOS
<FISCAL-YEAR-END>             Dec-31-2000
<PERIOD-START>                Jan-1-2000
<PERIOD-END>                  Mar-31-2000
<EXCHANGE-RATE>               1
<CASH>                        8,791,216
<SECURITIES>                  1,580,166
<RECEIVABLES>                 2,584,181
<ALLOWANCES>                  0
<INVENTORY>                   0
<CURRENT-ASSETS>              12,574,742
<PP&E>                        3,284,499
<DEPRECIATION>                2,407,866
<TOTAL-ASSETS>                17,767,815
<CURRENT-LIABILITIES>         7,462,370
<BONDS>                       0
<PREFERRED-MANDATORY>         0
<PREFERRED>                   0
<COMMON>                      54,879
<OTHER-SE>                    9,005,002
<TOTAL-LIABILITY-AND-EQUITY>  17,767,815
<SALES>                       0
<TOTAL-REVENUES>              5,653,073
<CGS>                         0
<TOTAL-COSTS>                 0
<OTHER-EXPENSES>              0
<LOSS-PROVISION>              0
<INTEREST-EXPENSE>            0
<INCOME-PRETAX>               460,124
<INCOME-TAX>                  333,622
<INCOME-CONTINUING>           126,502
<DISCONTINUED>                0
<EXTRAORDINARY>               0
<CHANGES>                     0
<NET-INCOME>                  126,502
<EPS-BASIC>                 .03
<EPS-DILUTED>                 .03



</TABLE>
##### Table of Contents



UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
 Washington, DC 20549
 FORM 10-Q/A
 Amendment No. 1
 þ
    
    QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES
EXCHANGE ACT OF 1934
 For the quarterly period ended March 31, 2008
 OR
 o
    
    TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
 For the transition period from ___to ___
 Commission file number: 0-26906
 ASTA FUNDING, INC.
  Delaware
    
    22-3388607(State or other jurisdiction
    
    (IRS Employerof incorporation or organization)
    
    Identification No.)210 Sylvan Ave., Englewood Cliffs, New Jersey
    
    07632(Address of principal executive offices)
    
    (Zip Code)
 Registrants telephone number: (201) 567-5648
  þ o
  Large accelerated filer o
    
    Accelerated filer
þ
    
    Non-accelerated filer o
    
    Smaller reporting company o(Do not check if a smaller reporting company)
 o þ




---



##### Table of Contents



ASTA FUNDING, INC. AND SUBSIDIARIES
 FORM 10-Q/A
Amendment No. 1
 EXPLANATORY NOTE
   Note 14: Subsequent Events




---



##### Table of Contents








---



##### 



ASTA FUNDING, INC. AND SUBSIDIARIES
 FORM 10-Q/A
 Amendment No. 1
 For the Quarter Ended March 31, 2008
 INDEX
  
 Item 6. ExhibitsSignaturesExhibit 31.1 - Section 302 Certificate of Principal Executive OfficerExhibit 31.2 - Section 302 Certificate of Principal Financial OfficerExhibit 32.1 - Section 906 Certificate of Principal Executive OfficerExhibit 32.2 - Section 906 Certificate of Principal Financial OfficerEX-31.1: CERTIFICATIONEX-31.2: CERTIFICATIONEX-32.1: CERTIFICATIONEX-32.2: CERTIFICATION




---



##### Table of Contents



Item 6. Exhibits
  31.1
    
    Certification of the Registrants Chief Executive Officer, Gary Stern, pursuant to
Section 302 of the Sarbanes-Oxley Act of 2002.31.2
    
    Certification of the Registrants Chief Financial Officer, Mitchell Cohen, pursuant to
Section 302 of the Sarbanes-Oxley Act of 2002.32.1
    
    Certification of the Registrants Chief Executive Officer, Gary Stern, pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002.32.2
    
    Certification of the Registrants Chief Financial Officer, Mitchell Cohen, pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002.




---



##### Table of Contents



ASTA FUNDING, INC.
(Registrant)Date: May 20, 2008
    By:
    /s/ Gary SternGary Stern, President, Chief Executive Officer(Principal Executive Officer) Date: May 20, 2008
    By:
    /s/ Mitchell CohenMitchell Cohen, Chief Financial Officer(Principal Financial Officer and
Principal Accounting Officer)